Retail Market and Privacy: Data Storage Activities for After-Sale Services Subject to New Rules in Turkey

The Ministry of Trade has recently issued the Amending Regulation on After-Sale (“Regulation”) Services which will enter into force on January 1, 2021 the Regulation adds a new term permanent data storage instrument and enables that, the receipt of services and documents including the delivery of goods may be given with permanent data storage instruments.

Accordingly, permanent data storage instrument is defined as all kinds of tool or instrument such as short messaging, electronic post, internet, CD, DVD, memory card etc. that enables to reach directly the information sent to the consumer, and to record the information in a way to suffice examination of the information for a reasonable time and pursuant to its purpose and to copy the information without change. As per the Regulation, authorized service stations and private services are obliged to issue a document stating whether the goods are in relation to defective goods delivered to them or received by them.

Pursuant to the Regulation, the document including the delivery of goods or the receipt of services may be given consumers with permanent data storage instruments. The Regulation further stipulates that, the service stations must obtain confirmation that these documents are given to the consumer. In this regard, the confirmation may be obtained with permanent data storage instruments or in writing. Yet, the Regulation sets that, in case the document including the delivery of goods or the receipt of services are given with permanent data storage instruments, signature of the deliverer and the consumer is not required. 

Ezgi Ceren Aydoğmuş