Mediaboss Marketing

Requirements*Penalty for non-compliance**Representative: The NewPrinciples and Procedures initially reiterate the representativerequirements for social network providers (e.g., "1 milliondaily access" requirement for appointing a representative asreal person/legal entity and "10 million daily access"requirement for establishing a branch in the form of an equitycompany). The representative of a social network provider with morethan 10 million daily accesses has full technical, administrative,legal, and financial liability for social network provider'scompliance.

Incorporation requirements

ITCA states that the entity that meets the followingrequirements is deemed as the representative:

Documentation attesting the above and the following documentsmust also be submitted to the ITCA:

Additionally, if the representative is a real person where thesocial network provider's daily access from Trkiye doesnot exceed 10 million, documents showing that the representative isa Turkish citizen and resident in Trkiye must be submitted tothe ITCA.

Any changes to the above documentation or information must benotified to the ITCA immediately and no later than 72 hours.

Duties of the representative

The representative has the following duties:

Other requirements are as follows:

*Having a registered email address (i.e., KEP address)was not a regulatory requirement for representatives previously. Itappears that this was introduced to facilitate the delivery ofnotifications to the representative.

*If the social network provider fulfills the representativerequirement, only one-quarter of the administrative fines will becollected.

The New Principles and Procedures indicate that the socialnetwork providers must facilitate the receipt of the individualapplications. Accordingly, users should be able to send theirrequests in Turkish language, and social network providers mustrespond to such requests in Turkish.

*Upon the complaint of a user to the ITCA, the ITCA evaluateswhether the social network provider is complying with itsrequirements to respond to users. The ITCA evaluates the usercomplaints collectively during the semi-annual (transparency)report periods. In its evaluation, the ITCA takes into accountwhether the social network provider does the following:

The report to be prepared on the individual applications (i.e.,Article 9 and 9/A requests) must also be published on the socialnetwork provider's website without revealing any personaldata.

In addition, the ITCA states that social network providers mustcomply with accountability principles and submit any necessaryinformation and documentation as requested by the ITCA to ensuretransparency.

The advertisement library must be easily accessible on thesocial network provider's website.

The ITCA clarifies that the representative must directly respondto user data requests related to the above offences.

If social network providers comply with the userdata/information request, the internet bandwidth reduction order isrevoked.

The New Principles and Procedures clarify that the basic userinformation and information that may be required by the ITCA mustbe prioritized during the exercise of the data localizationrequirement.

The New Principles and Procedures clarifies that social networkproviders must take into account the following during the displayof content, advertisements and provision of services tochildren:

The New Principles and Procedures state that the social networkproviders must inform the ITCA regarding this mechanism as part ofsemi-annual reports.

Social network providers must provide the requested informationand documentation within no later than three months.

The New Principles and Procedures state that the ITCA may informthe social network providers regarding the aspects of preparationand disclosure of the crisis management plan.

2. The ITCA can issue an advertisement ban for up to six months(the advertisement ban is not automatically lifted followingcompliance with the ITCA order)

3. The ITCA can request from the judgeship of peace to order aninternet bandwidth reduction by 50% (irrespective of theadvertisement ban)

4. Internet bandwidth reduction by 90% for failure to complywithin 30 days of the initial internet bandwidth reductiondecision

Read the rest here:
ITCA Published New Principles And Procedures For Social Network ... - Mondaq News Alerts