28.10.2017
The "Regulation on Consumer Rights in the Electronic Communications Sector," prepared as a result of efforts to protect consumer rights and interests amid developments in the electronic communications sector, was published in the Official Gazette dated 28/10/2017 and numbered 30224.
With the Regulation, arrangements have been made to enable subscription agreements in electronic communications to be conducted in digital environments, allowing citizens to complete their subscriptions electronically using tools such as tablets or computer screens at operator offices or dealerships. Additionally, innovations have been introduced regarding invoices, proof obligations, device-related obligations, informing subscribers, subscription transfer procedures, opening and closing fees, and restrictions/suspensions due to unpaid invoices.
DIGITAL SIGNATURE ERA IN ELECTRONIC COMMUNICATIONS SUBSCRIPTIONS
With the entry into force of the first and ninth paragraphs of Article 7 of the Regulation, the path has been opened for subscription agreements to be made electronically through procedures determined by our Institution.
As a result of the studies conducted on the matter, once the procedures and principles are determined, consumers will be able to sign their subscription agreements with an electronic pen on tablets, computer screens, and similar environments, thus completing them electronically.
This will reduce the risks associated with contracts established on paper with handwritten signatures, increase contract security for consumers, speed up subscription processes, and prevent paper waste. Following the entry into force of this arrangement, which will also contribute to the digitalization process, subscribers will be able to complete their transactions in much shorter times and more securely. Awareness of subscribers regarding contract terms will increase. This regulation will prevent time and labor losses, unnecessary paper waste, and reduce the burden on national income. Thus, convenience will also be provided to our citizens.
INVOICES BELOW A CERTAIN FEE WILL BE DEFERRED TO THE NEXT PERIOD
With the entry into force of the other provisions of the Regulation 6 months later, fundamental innovations have been introduced to protect consumer rights and interests, covering many areas from invoices to subscription cancellations, opening-closing fees, termination, and transfer procedures.
Regarding invoices in the regulation; it has been approved that invoices can be sent to subscribers by post, e-mail, or as short messages with invoice information upon subscriber declaration, and billing for invoices below a certain fee can be deferred to the next period.
In all transactions established with subscriber request/approval in any case, the burden of proof will lie with the operators.
Device returns and exchanges can be made to all authorized representatives of the operators.
INFORMING CONSUMERS CLEARLY AND EXPLICITLY IS THE OPERATORS' RESPONSIBILITY
Under the Regulation, extensive decisions have been made regarding operators' obligations to inform consumers in agreements. These include:
Decisions have been made.
Informational requirements within commitment-based agreements between consumers and operators have been expanded in favor of the consumer. Decisions regarding commitment-based subscriptions:
TRANSFER PROCEDURES WILL BE COMPLETED WITHIN 7 DAYS
For consumers' transfer requests, operators providing services over their own network or another operator's network are required to fulfill 90% of such requests within 7 days and all of them within 10 days, except in cases where there is no network at the requested address.
In subscription termination procedures, decisions have been made to verify the subscriber's identity document, accept the termination request in all cases, and include information on equipment/device returns in the notification to the subscriber following the termination request, in addition to confirmation that the termination has been completed.
NO FEE WILL BE CHARGED FROM SUBSCRIBER FOR THE FIRST OPENING-CLOSING OPERATION
Additionally, with the accepted regulation regarding opening and closing fees, in cases where the line is closed and reopened by the operator due to the subscriber's non-payment of the invoice, no fee will be charged to the subscriber for the first opening-closing operation within a calendar year, and for restrictions/suspensions due to unpaid invoices—i.e., when service is suspended due to non-payment by the final payment date—no service fee will be reflected to the subscriber from the date of suspension.
PROOF FOR VALUE-ADDED SERVICES LIES WITH OPERATORS
With the published regulation, the conditions for introducing value-added services are as follows:
WHEN WILL THE REGULATION ENTER INTO FORCE?
The first and ninth paragraphs of Article 7 of the Regulation, which regulates the procedures and principles regarding the rights of consumers benefiting from electronic communications services and the obligations of operators, entered into force on the date of publication. All other provisions will enter into force 6 months later. With the full entry into force of the Regulation 6 months later, the Regulation on Consumer Rights in the Electronic Communications Sector, published in the Official Gazette dated 28/07/2010 and numbered 27655, will be repealed.