Law / Turkey

Electronic Communications Network and Information Security Regulation, Breach and Interruption Notification

Elektronik Haberleşme Sektöründe Şebeke ve Bilgi Güvenliği Yönetmeliği (Resmî Gazete No. 29059, 13 Temmuz 2014), arts. 12 and 38

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: https://www.btk.gov.tr/uploads/pages/elektronik-habeles-me-sekto-ru-nde-s-ebeke-ve-bilgi-gu-venlig-i-yo-netmelig-i-5a341795a1773.pdf

In force since .

A vulnerability and incident reporting rule binding private bodies.

Instrument type
a regulation made under an act
Obligation class
Reporting, Security

As of .

What it requires

  • This binds the same operators as the Regulation's security-management row, authorized and regulated by the Information Technologies and Communications Authority (BTK) (reached by declaring that you provide telecom services).
  • Notify the Authority as soon as possible of a network or information security breach that affects more than 5% of your subscribers and of any event that interrupts business continuity; the Regulation states no numeric clock (art. 38(1)).
  • Include in the notification at least when the event occurred, its nature, its impact, its duration and the measures taken (art. 38(1)).
  • Set up a reporting and feedback mechanism so that security breach events and vulnerabilities are reported as quickly as possible (art. 12(1)).

These lines are LexLint's reading of the law's text, as of .

If you get it wrong

Criminal exposureNo

Private right of actionNo

Penalty structure

Article 60(1) of Electronic Communications Law No. 5809 lets the Authority apply an administrative fine of up to three percent of an operator's net sales of the previous calendar year for violating the legislation; no per-article fine for this Regulation is stated.

Rule
Turnover pct only
As of
Turnover percentage cap
3

Who enforces it

Enforcement body

Bilgi Teknolojileri ve İletişim Kurumu (BTK), the Information Technologies and Communications Authority

Settledness

As of
Open questions
Has the Regulation been amended or replaced since its publication on ?

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 38 requires an operator to notify the Authority as soon as possible of network and information security breaches affecting more than five percent of its subscribers and of events that interrupt business continuity. The notification must contain at least the time, nature, impact and duration of the event and the measures taken. Article 12 requires a reporting and feedback mechanism so that breaches and vulnerabilities are reported as quickly as possible.

Article 60 of Electronic Communications Law No. 5809 lets the Authority fine an operator up to three percent of its net sales of the previous calendar year for violating the legislation.

When LexLint raises it

When your app profile says your app provides telecom services.

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