The ECHR has introduced various provisions in the field of electronic communications to protect consumer rights and interests. These provisions are sector specific and mandatory. At the same time, these provisions have the ability to be applied directly.
EHK imposes various obligations on operators for the protection of consumers, as well as on the Information and Communication Technologies Authority (ICTA).
e.g
– operators are obliged to “provide equal services ere to all consumers (art. 47);
– the need to inform consumers on all the issues they need to make decisions (m. 49 / III);
– the obligation to enter into a subscription agreement with consumers (m. 50 / I);
– the elements that should be included in the contract content are detailed (m. 50 / I);
– ICTA has been authorized to intervene directly in subscription agreements (art. 50 / II);
– a sanction of invalidity is envisaged in terms of provisions against the consumer in the subscription agreements (art. 50 / III);
– consumers are authorized to unilaterally terminate the contract (art. 50 / IV);
– an obligation to provide operators of a certain quality of service (art. 52).
The principles and rules introduced in the ECHR for the protection of the consumers are the general, abstract and non-detailed rules due to the nature of the work. However, the field of electronic communication is a rapidly developing and dynamic field. The Law cannot be expected to keep up with this development and to include arrangements to respond to any needs that arise. For this reason, the legislator has given the authority and responsibility to make secondary arrangements to ICTA in order to provide appropriate solutions to these new problems.
e.g
– EHK m. 47, it was stated that all consumers have the right to receive equal services and the principles regarding this provision will be determined by ICTA;
– m. After the adoption of the principle of consumer and end-user protection in 48, it was clearly emphasized that the principles and procedures for protection shall be determined by ICTA.
In the same way EHK m. 49, the ICTA has been authorized to make arrangements in order to determine the procedures and principles regarding transparency.
Again EHK m. Although the subscription agreements are regulated in detail in 50, the ICTA is also obliged to make arrangements to determine the manner of application of the article. Similarly, EHK m. 51 has adopted the principle of protection of personal data; however, it has authorized the ICTA to issue regulations in order to determine how this protection will be provided. The service to be provided is of a certain quality m. 52 and the authority to regulate the measurement and audit of quality is given to the ICTA.
There is no hesitation when all these secondary regulations envisaged by the ECS are intended to protect the consumer in one way or another. However, unlike the other areas where consumer protection is concerned, a separate INDEPENDENT ADMINISTRATIVE AUTHORITY has been established and AUTHORITY TO INTERVENTION TO RELATIONSHIPS. In fact, this independent administrative authority is not only authorized to intervene in the relations between operators and consumers and solve the problems that may be against the consumer; it is also equipped with a direct sanction for operators.
Information and Communication Technologies Authority has been given the opportunity to use these powers by making arrangements, performing audit activities and applying sanctions when necessary. It is clearly stated that one of the main objectives of these powers granted to ICTA is consumer protection.
II. Regulation on Consumer Rights in the Electronic Communication Sector (EHSTHY)
A). Generally
The ICTA issued the Regulation on Consumer Rights in the Electronic Communications Sector, which was published in the Official Gazette dated 28.07.2010 and numbered 27655 by using the authority granted to it by the ECHR. With this regulation, consumer rights have been further regulated in the context of the fundamental principles introduced by the ECHR.
This regulation is not the first sector-specific regulation. The Regulation on Consumer Rights in the Telecommunications Sector (EHSTHY), previously published in the Official Gazette No. 25678 on 22.12.2004, was in force. EHSTHY contains significant differences and innovations compared to the old regulation as will be explained in detail below.
EHK provides the rights of consumers
– transparency and information,
– subscription agreements and
– in the context of unfair terms.
These principles were developed with the Regulation; At the same time, the scope and content of consumer rights have been determined and some obligations are given to the operators operating in the sector in order to ensure the effective protection of these rights.
It should be stated that in the preparation of this regulation, not only the principles introduced by the IPC; at the same time by the EU Commission
