Number: 14

Date: 11/04/2017

Title:

Regulation published on Shared Internet Access Providers.


The Regulation on Shared Internet Access Providers has been enacted following its promulgation in the Official Gazette dated 11 April 2017. Through the aforementioned legislation, The Regulation on Shared Internet Access Providers published in the Official Gazette dated 01.11.2007 has been removed.

The regulatory provisions of the latest Regulation will be handled by the Information and Communication Technologies Authority and essential changes concerning implementation are provided below:

The article indicating "The liabilities of Shared Internet Access Providers: a)Taking the access blocking measures      for the content involving criminal matters. b) Saving the Internal IP Distributive Logs into its own system electronically existing in the previous regulation

has been arranged as below through the latest Regulation:

"(1) Liabilities of shared internet access providers are as follows: a) Using the content filtering system so as to take measures for preventing access to content including criminal aspects. b) Saving the access records into its own systems electronically and keep them for two years. c) Shared internet connection providers' supplying public service to set up the systems to define users through short message service (SMS) and similar ways.

(2) Shared internet access providers may also receive safe internet service as an additional precaution along with content filtering systems for taking the access blocking measures concerning the content involving criminal matters.

For the shared internet access providers, with commercial purpose, as per the Article 5 of the previous regulation, there was a liability to save the information entered pursuant to the sub-clause (d) through the software supplied by the Management and the value confirming the accuracy, integrity and confidentiality of that information into its own system daily and preserve the data for one year". Pertaining to the new regulation, it's been arranged as "d) Saving the access records into its own system electronically and save for two years". 

A third clause has been added to the term of "permit certificate, owner and managing director". Pursuant to that, the training designed to inform would be handled by IT branch directorates, chieftainships or editorial departments within

the governorships or district governorates.

An item related to the resolution level of video recording system for safety purposes has been added to the sub-clause (ğ) within Article 9 titled as "Common rules at workplace". As per that, 3 megapixels at least and night vision is required. Period for preserving video records has been extended to 90 days from 7 days.

Article 12 titled as "Criteria to be considered in the detection of administrative fines and the calculation of it" is also added and amount of the administrative fines would be identified by considering the existence and impacts of mitigating and aggravating causes that are provided below:

Aggravating

a. Degree of gains acquired through violation

b. if violation ongoing

c. existence of repeat

Mitigating

a. lack of any gains linked to the violation or if ignorable even any gain exists

b. positive previous attitude in compliance to the rules

This regulation has been enacted as of its promulgation date 11 April 2017.  

 

 

Our explanations provided above include general information on the issue. No responsibility can be claimed against    
EY and/or  Kuzey YMM ve Bağımsız Denetim A.Ş. due to the implications arising from the context of this document or emerging with respect to its context.



Best Regards,
Kuzey YMM ve Bağımsız Denetim  A.Ş.

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