5651 Recordıng Law & Regulatıons

The purpose and scope of Law No. 5651 are to regulate the obligations and responsibilities of content providers, hosting providers, access providers, and public use providers, as well as the principles and procedures for combating specific crimes committed through content, location, and access providers on the internet.

 

According to the Turkish Penal Code, the main elements that constitute crimes in the online environment are:

Provoking suicide

Sexual abuse of children

Encouraging and facilitating the use of dangerous substances

Facilitating drug use

Providing materials for gambling

Supplying hazardous materials

Prostitution

Encouraging the use of addictive substances

Obscenity

Providing materials containing explicit sexual content involving minors

Please note that this is a general translation and for the exact legal definitions and provisions, it is always recommended to refer to the official sources and consult legal professionals.

 

To attribute a concrete act or fact that can offend a person’s honor, dignity, or reputation or to insult them.

 

In order to determine who has committed the offense within this scope, institutions and businesses are required to keep records in accordance with Law No. 5651. According to the law, every user accessing the internet must have their IP/MAC address recorded, as well as the time intervals during which they used the internet, and all internet traffic must be logged. These records must be stored with a timestamp for a period of 2 years without any user intervention.

 

Failure to comply with the requirements of Law No. 5651 can result in financial and administrative fines for businesses and institutions, as explicitly stated in the law.

 

Organizations and businesses that provide internet access to employees, visitors, or for the purpose of generating income, services, and/or ensuring the continuity of their operations.

Public institutions

Schools

Businesses

Shopping malls

Hospitals

Internet Cafes

Restaurants and Cafes

Hotels

Tıme Seal

According to the Electronic Signature Law No. 5070; for the purpose of determining the time at which an electronic data is generated, modified, sent, received, and/or recorded, the electronic certification service provider provides a record verified by an electronic signature. In this context, a timestamp should be obtained for any electronic data that seeks to obtain intellectual and proprietary rights.

A timestamp serves as evidence that a specific data existed at a specified date. The Timestamp Server uses public key technology to sign timestamps, confirming the integrity of the data and its existence at a specific date.

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