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LABOR LAW
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Regulation of Consumer Rights in the Electronic
Communications Sector
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“Regulation of Consumer Rights in the Electronic Communications
Sector” (hereinafter referred to as the “Regulation”), which was prepared
based on the “Electronic Communications Law” numbered 5809 and
dated 5/11/2008, was published in the Official Gazette of 28 July 2010,
numbered 27655. The objective of the regulation is, as demonstrated in
its first article, to determine the procedures and principles regarding the
protection of consumers that benefit from electronic communications
services. The Regulation mainly consists the procedures and principles
of subscription agreements signed by the consumers and operators, the
rights of consumers using the electronic communications services, and the
liabilities of the operators.
It is also indicated in article 25 of the Regulation that the “Regulation
of Consumer Rights in the Telecommunications Sector” (hereinafter
referred to as the “Former Regulation”) which had been published in the
Official Gazette of 22 December 2004 numbered 25678 was abrogated
with the Regulation and all the references made to the Former Regulation
are deemed to be made to the “Regulation of Consumer Rights in the
Electronics Communication Sector”.
The newly adopted Regulation and the Former Regulation are different
in many respects.
Whereas the Former Regulation is based on the amended article
7 of “Wireless Law” no. 2813 dated 5 April 1983, the Regulation was
prepared based on the “Electronic Communications Law” no. 5809 dated
5 November 2008. As a result, the scope is extended by the Regulation
to those “who benefit from the electronic services” while the Former
Regulation only includes those “who benefit from the telecommunication
services”. That puts computer users within the scope of the Regulation. In
line with this extension, there are stipulations about the use of the internet
in the Regulation, and internet services operators have liabilities for secure
use of the internet. Furthermore, in article 19 with the title “Change of
Operator”, there are also stipulations about the internet service operators,
and the extension of the scope is supported. However, the stipulations
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Article of July 2010