Electronic communication subscription contracts

The electronic communication sector is growing and devoloping every day, and with technological developments it always continues to change with in a way that is open to innovation. Subscription contracts are concluded between operators offering electronic communication activities and subscribers, and the numbers of these subscription contracts is increasing every day. As most of the established subscription agreements are concluded with consumers, they should be evaluated as a result of their importance in their regulations aimed at protecting the consumer. Indeed consumers should be protected because they are in a weak position in contracts they have established with operators who are in a strong position against them. The Information Technology and Communication Authority, which is an independent administrative authority in the electronic communication sector, is also envisaged as one of the duties of consumer protection. In this context, BTK has a number of tasks from the examination of subscription contracts to the authorization of operators. Subscription contracts, which are essentially covered by private law, are seen in regulations arising from public law because electronic communication services are a public service. With the proliferation of electronic communication subscription agreements concluded in practice, it is observed that the disputes between the parties on this issue also increase. On the basis of these disputes are the rights and obligations of the parties and the termination of the contract. It can also be stated that while all kinds of convenience is provided to the subscriber at the establishment stage of the contract by the operators, the same convenience is not realized in the case of termination of the contract. In this context, regulations were made within the scope of the Electronic Communication Code and secondary legislation related to the Consumer Protection Code No 6502. In our study, in line with the latest changes, the subscription agreements concluded in the electronic communication sector, both in practice and in theory, were examined by using academic works and court decisions, and the contract was discussed as a whole.