Number: 24

Date: 15/09/2017

Title:Revised Draft on the Regulation for Privacy and Electronic Communications published.

In case the revised version of the Electronic Communications and Privacy Regulation ("Draft") that will repeal the European Union Directive 2002/58 / EC, its effective date will be 25.05.2018.

The Draft completes GDPR (European Union General Data Safety Regulations) in terms of electronic communications. The Draft contains a provision for the GDPR to be valid for the matters that are uncovered.

In Article 5 of the Draft published first, it was indicated that listening, recording, tracking storing, or otherwise obtaining, monitoring, or processing of the electronic communication data is not possible as per the principle of privacy. Through the second Draft, the concerning matter has been arranged and accordingly, the confidentiality of electronic communication data may be the case when it is the ultimate user.

Article 6 of the Draft is related to the processing terms of electronic communication data while the Article 7 arranges the preservation of the concerning data during the reclamation period or payment period in the circumstance that the high communication data is used in invoicing phases. This article is protected at its initial form.

The Article 9 which refers to periodically reminding the end user’s consent has been repealed from the second Draft.

Also, the end user is allowed to change privacy adjustment options during the software installation through the 2nd clause added to Article 10 of the revised Draft.

Finally, within the articles 12 and 13, public number based interpersonal electronic communication service suppliers are permitted to hide and refuse calls from unknown users. However, any right to refuse the high data’s processing is not assigned to organisations engaged with emergency communication.

Article 17 concerning the electronic communication service suppliers’ notifying the end users about business network and situations that may jeopardize electronic communication services has been removed from the final version of the Draft.

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.

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