EUROPEAN PARLIAMENT APPROVES ARTIFICIAL INTELLIGENCE ACT

The European Parliament has approved the Artificial Intelligence Law, which was first brought to the agenda on 21.04.2021, with 523 affirmative votes against 46 negative votes. The law includes provisions on placing artificial intelligence systems on the market, putting them into service and prohibiting some applications. The aforementioned law is also the first legal regulation to determine the criteria for the use of artificial intelligence. According to this regulation:

- Artificial intelligence applications used for this purpose, including biometric classification systems containing sensitive features such as emotion recognition, social scoring, sexual orientation or religious beliefs in the workplace and educational institutions, and the storage of images taken from the internet or closed system images to create face recognition databases, are prohibited.

- The use of biometric identification systems obtained by artificial intelligence by security forces is only possible in emergency situations such as a terrorist attack or a casualty situation with the permission of judicial authorities.

- Artificial intelligence systems in democratic processes such as critical infrastructure, education, employment, health, public services, banking, migration and border management, and elections were included in the high-risk category.

- Under the law, it is obligatory to clearly state and label artificial or modified images, audio or video contents that perform various tasks such as video, text, image creation, speaking in another language which are called "deepfake".

- With the new law, various artificial intelligence technologies such as Google's artificial intelligence model Gemini and ChatGPT will have to comply with the new rules.

The regulation will enter into force two years after its approval by the Council of the EU and its publication in the Official Journal of the EU.

With the adoption of the law, many bans have been envisaged on artificial intelligence applications, exceptions have been granted to law enforcement, the scope of high-risk systems has been drawn and restrictions on transparency have been imposed. With the Artificial Intelligence Law adopted by the EU Parliament, an important step has been taken regarding artificial intelligence law all over the world.

 

DECISION OF THE COMPETITION BOARD ON THE BETTING GAMES SITE

The investigation carried out by the Competition Board regarding the violation of the Law No. 4054 on the Protection of Competition with the exclusivity agreements of the mentioned betting site has been completed. As a result of the investigation, It has been decided that the site;

- Is dominant in the fixed odds betting games market played by virtual dealers,

- Has made exclusivity agreements with sports clubs for advertising, promotion and sponsorship

- Has abused its dominant position by making an exclusive agreement with another site for the purchase of advertising services.

Within the scope of Article 6 of the Law on the Protection of Competition, it is stipulated that in order for the behavior to be evaluated within the scope of abuse of dominant position, the undertaking that performs the behavior must have the power to determine economic parameters such as price, supply, production and distribution by acting independently of its competitors and customers in a certain market.

When the exclusivity agreements made by the betting site in question were examined, it was determined that they violated Article 6 of the Law. As a result of the determination, it was decided to impose an administrative fine on the betting site in accordance with Article 16 of the Law No. 4054 on the Protection of Competition.

 

AMENDMENT TO THE LAW ON FOREIGNERS and INTERNATIONAL PROTECTION

The purpose of the Law No. 6458 on Foreigners and International Protection is related to the entry, stay and exit of foreigners to Turkey and the scope of protection provided to foreigners who request protection from Turkey.

In the decision of the Constitutional Court numbered 2020/30 Basis, 2023/12 Decision, it was decided to amend Article 21 of the Law. The article regulates where the residence permit application will be made and what conditions it is subject to. Before the 7th paragraph of the article is changed, " residence permit applications can also be made by the authorized intermediary institution. In cases deemed necessary by the Ministry of Internal Affairs, authorized intermediary institutions that will provide residence permit intermediary services for residence permit applications may be appointed with the approval of the Minister, provided that contracts are valid for a maximum of three years and 20% of the residence permit intermediary service fee is transferred to the general budget. The provisions of the State Procurement Law dated 08.09.1983 and numbered 2886 and the Public Procurement  Law  dated 4/1/2002  and numbered 4734 shall not be applied in the related transactions. The procedures and principles regarding this are determined by the regulation issued by the Ministry of Interior. The President is authorized to record the share to be received as special income to the general budget and to write a special allowance to the relevant arrangements of the ministry budget.".

With the Constitutional Court Decision, the limit of 20% of the service fee stipulated in the article has been abolished. The appointment of authorized intermediary institutions with the approval of the Minister has been changed and it has been decided to appoint authorized intermediary institutions without the approval of the Minister. The obligation to apply to the regulation on the determination of transactions has also been removed from the article. Finally, the expression "President" was not included in the grant writing. As a result of the amendments, Article 21, paragraph 7 of the Law on Foreigners and International Protection No. 6458 has been modified as: "Residence permit applications can also be made by the authorized intermediary institution. In cases deemed necessary by the Ministry of Interior, authorized intermediary institutions that will provide residence permit intermediation services may be appointed with contracts valid for a maximum of three years and provided that the residence permit intermediation service fee is transferred to the general budget. It is authorized to record the share to be received as special income to the general budget and to write a special allowance to the relevant arrangements of the ministry budget. "

It is seen that the amendment provides convenience regarding the residence permit. The effective date of the amendment is determined as 27.03.2024.

 

WARNING TO ORGANIZATIONS THAT DO NOT FULFILL THEIR OBLIGATIONS REGARDING CALL CENTER SERVICES

The decision of the Department of Consumer Rights is related to telecommunication institutions that do not fulfill the obligations regulated in the Electronic Communications Law No. 5809 and the Regulation on Service Quality in the Electronic Communications Sector.

In the Regulation on Service Quality in the Electronic Communication Sector published in the Official Gazette dated 12.09.2010 and numbered 27697, the operators were obliged to show the necessary care for the uninterrupted provision of the service. In the same regulation, the quality of service criterion of responding to customer service and resolving consumer complaints is determined as 24 hours or less. Another obligation relates to the response time for customer service.

In the decision, it was seen that telecommunication companies could not fulfill the specified obligations. As a result, it was decided to warn the organizations in writing.