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The Information and Communication Technologies Authority has submitted a draft regulation for public consultation aimed at protecting users from unauthorized SMS messages and calls.

As per the Decision of the Information and Communication Technologies Authority (“ICTA”) dated September 5, 2024 with number 2024/İK-YED/330, it was decided to publish the Draft Regulation on the ICTA’s website for 30 (thirty) days to receive public opinion.

A new draft regulation, prepared to protect the rights of subscribers and regulate services in the electronic communications sector, has been opened for public opinion by the ICTA’s decision dated September 5, 2024 with number 2024/İK-YED/330. The draft introduces significant changes in areas such as marketing and informational communications and number allocation.

The content of the draft is as follows:

-Regarding marketing and informational calls and messages:

Operators and their agents/dealers acting on their behalf may only make calls and send messages for marketing, promotion, and informational purposes to their own subscribers. Such communications with individuals who do not have a subscription relationship are prohibited. This regulation aims to protect consumers from unsolicited commercial communications.

-Regarding secondary allocation of numbers with no traffic:

Secondary allocations for numbers that do not generate any traffic (voice, SMS, data, or broadband internet usage) within one (1) year from the establishment of the subscription agreement will be canceled. This provision aims to ensure the efficient use of allocated numbers and prevent wastage.

-Regarding limitations on secondary allocations for fixed telephone services:

The total number of secondary allocations for Turkish citizens and sole proprietorships is limited to 15, while for foreign nationals and their sole proprietorships, it is limited to 3. Furthermore, the number of allocations made within the same month to individuals and sole proprietorships cannot exceed 4. This regulation seeks to prevent excessive allocations.

-Regarding messages sent from abroad:

If SMS or MMS messages sent from abroad to subscribers in Turkey contain internet addresses (URLs, links, etc.), these messages cannot be transmitted or terminated by authorized operators. This measure is critical to preventing fraud and harmful content.

The regulation is planned to enter into force on January 1, 2025. Operators are required to take the necessary steps to comply with the regulations by the specified date.

Av. Kübra Keskin Ökmen