The Information Technologies and Communications Authority (BTK) has made it mandatory for foreign social network providers with more than 1 million daily access from Turkey to designate at least one authorized natural or legal person as their representative in Turkey.
The Decision of the Information Technologies and Communication Board entered into force after being published in the Official Gazette.
With the decision, the obligations of the social network provider and the procedures and principles regarding the implementation of these obligations were determined.
Accordingly, foreign-based social network providers with more than 1 million daily access from Turkey are obliged to designate at least one authorized natural or legal person as their representative in Turkey.
The representative will have to fulfill the requirements of the notices, notifications or requests to be sent by the BTK, the Access Providers Association, the judicial authorities, the responsibility arising from being the content or hosting provider of the social network provider and other obligations under the law.
Social network providers will be required to include the representative’s address for notification in Turkey and their e-mail address on their website in a way that can be easily retrieved and accessed directly.
Applications will be answered within 48 hours.
The social network providers in question will ensure that the applications to be made by individuals can be easily received and the application can be made using the Turkish language option.
Network providers will be required to answer applications in the affirmative or in the negative, providing the reason, within 48 hours at the latest from the application. Applications made in Turkish will be answered in Turkish.
Social network providers will take the necessary measures to host the data of users in Turkey in Turkey.
If a representative is not determined, an administrative fine will be imposed.
The social network provider, which does not fulfill its obligations regarding the determination of a representative, will be notified by the BTK.
An administrative fine of 10 million lira will be imposed on the social network provider who does not designate a representative within 30 days from the notification. If a representative is not determined within 30 days from the notification of the administrative fine, an administrative fine of 30 million liras will be imposed.
Social network providers who do not fulfill the obligation to respond to applications made by individuals will be fined 5 million liras. Those who do not fulfill the reporting obligation will be sentenced to an administrative fine of 10 million lira.
The reports prepared in Turkish will be submitted in 6-month periods.
These social network providers, with daily access to more than 1 million from Turkey, will submit reports prepared in Turkish to the BTK in 6-month periods, containing statistical and categorical information regarding the implementation of the decisions to remove and/or block access to the content notified to them, and the applications to be made by individuals.
In the report, information on the technical infrastructure for the implementation of the decisions to remove content and/or blocking access, and the reception and evaluation of applications from individuals, and information on the qualifications and administrative capacity of the personnel to implement the decisions, detailed process information on the implementation period and manner and geographical scope of the decisions, the number of applications received from individuals, categorical and statistical information about the process, such as the type, positive or negative evaluation, response, reasons for the negative answers, the duration of the conclusion, the authority that made the decision and sent the decision regarding the decisions sent by the judicial or administrative authorities, the way the decision was sent, the type of the decision, the provision of the legislation on which the decision was based, There will be categorical statistical information such as the duration of the fulfillment of the decisions.
In addition, information on measures taken to treat users equally and impartially, information on necessary measures to update preferences for recommended content and provide users with the option to limit the use of users’ personal data, title tags, algorithms for featured or reduced content, and transparency and advertising. The report will also include information on the policies of the company, the creation of an advertisement library and its publication on the website.
Ad library will be created
Social network providers will be obliged to create an ad library. In this library, the advertiser will include the content and type of the ad, the period of time it is on air, the target audience and the parameters used to determine the target audience, as well as the number of people and groups they reach.
The social network provider will place the ad library on its website in a way that is easily visible and directly accessible.
Informing the judicial authorities
Information necessary to reach the perpetrators who created or spread internet content subject to sexual abuse of children, spreading misleading information to the public, disrupting the unity and integrity of the state, crimes against the constitutional order and the functioning of this order, crimes against state secrets and espionage crimes, Public Prosecutor at the investigation stage will be given to the judicial authorities by the representative of the relevant social network provider in Turkey, upon the request of the court where the proceedings are carried out during the prosecution phase.
Separated service for children will be provided
Social network providers will take the necessary measures to provide segregated services specific to children.
Social network providers provide content, advertisements and other services offered to users who can be understood as children, taking care of the child’s age, best interests, protection of physical, psychological and emotional development, prevention of sexual abuse and commercial risks towards children, protection of personal data belonging to children with high level of privacy settings and minimum standards. will take into account the issues such as ensuring data processing, contract, user settings and data policies, in a way that the child can understand.
These network providers will establish a Turkish, clear, understandable and easily accessible application mechanism for accounts that have been hacked or impersonate others, and will finalize the applications in a reasonable time.
The social network provider will be responsible for creating a crisis plan for emergency situations affecting public safety and public health and notifying the BTK of this.