Establishment of Digital Platforms Commission and the Duties of the Commission
“The Law on Establishment of Digital Platforms Commission and Amendments on Certain Laws” (the “Omnibus Bill”) has been published in the Official Gazette dated 28 July 2020 and numbered 31199. Provisions regarding the Digital Platforms Commission of the Omnibus Bill, which is also introducing amendments on certain laws and setting forth various effective dates, has been entered into force as of its publication date.
Within the scope of the Omnibus Bill, in terms of precautions and measures to be taken with regard to avoid use of internet in violation of laws, personal rights of individuals, right of privacy and other fundamental rights and freedom or harming physical and psychological development of children, Digital Platforms Commission has been established within the structure of Grand National Assembly of Turkey (“GNAT”).
As per the Omnibus Bill, some of the duties assigned to the Digital Platforms Commission are as follows: (i) to evaluate bill of laws and submit opinion accordingly, upon request(ii) to submit opinion and recommendations within the scope of prevention of use of internet in violation of laws, personal rights of individuals, right of privacy and other fundamental rights and freedom or harming physical and psychological development of children, (iii) to submit opinion and recommendations on effectively struggling cyber-crimes committed through the use of the internet.
Moreover, within the scope of the Ombinus Bill, Digital Platforms Commission has been entitled to -limited with its assignment- request information and document from state institutions and organizations, content providers, access providers, hosting providers and other real persons or legal entities either local or foreigner as well as obtaining information from respective persons.
Bylaw of GNAT shall be applied to the procedures and principles regarding operation of the Commission for which there are no provisions regulated under the Omnibus Bill.
Additionally, pursuant to the Omnibus Bill, amendments have been made within the scope of the Unemployment Law No. 4447 and Labour Law No. 4857, introducing some regulations in terms of short-term working allowance and application process, prohibition of termination and its exemptions.
The Omnibus Bill does not have a readily available English version. However, you may access the Turkish version of the Omnibus Bill from here.
Aslı Kınsız, Associate
Burak Batı, Trainee Lawyyer