Hukuki Makaleler ve Güncel Haberler

EHK has introduced various provisions in the field of electronic communication in order to protect consumer rights and interests. These provisions are sector specific and mandatory. These provisions also have the ability to be applied directly.

EHK has brought a number of obligations to the Information Technologies and Communication Authority (BTK), as well as bringing various obligations to operators in order to protect consumers.

e.g

– operators are obliged to provide “equal service” to all consumers (art. 47);
– It was emphasized that consumers should be informed about everything they would need to make decisions (art. 49 / III);
– an obligation to sign a subscription agreement with consumers (art. 50 / I);
– The elements that should be included in the content of the contract are specified in detail (art. 50 / I);
– BTK has been given the right to intervene directly in subscription agreements (article 50 / II);
– a sanction for invalidity is envisaged in terms of the provisions against the consumer included in the subscription agreements (art. 50 / III);
– consumers are given the authority to terminate the contract unilaterally (art. 50 / IV);
– operators are obliged to provide a certain quality of service (art. 52).

The principles and rules set for the protection of consumers in the EHK are general, abstract and non-detailed rules due to the nature of the work. However, the electronic communication area is a rapidly developing and dynamic area. It cannot be expected that the law will keep up with this development and include regulations to answer any emerging need. For this reason, the legislator has given the BTK the authority and responsibility to make secondary arrangements in order to provide suitable solutions to these new problems.

e.g
– EHK m. After it was stated in 47 that all consumers have the right to receive equal service, it was stated that the principles regarding this provision will be determined by BTK;
– m. After adopting the principle of protecting the consumer and end user in 48, it was clearly emphasized that the principles and procedures regarding protection will be determined by BTK.

Likewise EHK m. In the provision of 49, ICTA has been given the authority to make arrangements to determine the procedures and principles regarding transparency.

Again EHK m. Although subscription contracts were arranged in detail in 50, with this provision, the BTK was also obliged to make arrangements in order to determine the application of the substance. Similarly, EHK m. The principle of protecting personal data with the provision of 51 has been adopted; however, it has authorized the ICTA to issue regulations to determine how this protection will be provided. The service to be provided is of a certain quality m. It was stipulated in 52 and BTK was given the authority to make regulations regarding the measurement and inspection of quality.

There is no hesitation when all these secondary regulations envisaged by EHK are intended to protect the consumer in one way or another. However, unlike other areas where consumer protection is concerned, a separate INDEPENDENT ADMINISTRATIVE AUTHORITY was established here and this authority was delegated to DIRECT RESPONSE. In fact, this independent administrative authority is not only authorized to interfere with the relations between operators and consumers, but also with the authority to solve problems that may be against the consumer; it is also equipped with the authority to apply sanctions directly to operators.

The Information Technologies and Communications Authority has been given the opportunity to use these powers given to it by making arrangements when necessary, by carrying out an audit activity and applying sanctions when necessary. It is clearly stated that one of the main objectives of these powers granted to BTK is consumer protection.

II. Consumer Rights Regulation (EHSTHY) in the Electronic Communication Sector

A). Generally

BTK has issued the Consumer Rights Regulation in the Electronic Communication Sector, which was published in the Official Gazette dated 28.07.2010 and numbered 27655 by using the authority given to it by EHK. With this regulation, consumer rights have been brought into a more detailed regulation within the context of the basic principles set by EHK.

This regulation is not the first industry-specific regulation. The Consumer Rights Regulation (EHSTHY) in Telecommunication Sector, previously published in the Official Gazette dated 22.12.2004 and numbered 25678, was in force. EHSTHY contains significant differences and innovations compared to the old regulation as will be explained in detail below.

EHK consumer rights

– transparency and information,
– subscription contracts and
– arranged in the context of unfair terms.

These principles were developed with the Regulation; At the same time, the scope and content of consumer rights have been determined and some obligations have been included for operators operating in the sector in order to protect these rights effectively.

It should be stated that not only the principles introduced by the EHK were prepared in the preparation of this regulation; it was also the relevant post on the issue issued by the EU Commission.