Legal AlertAmendment Regulation Amending the Remote Identification Methods to be Used by Banks Has Been Published!

26 May 2023

The Regulation Amending the Regulation on Remote Identification Methods to be Used by Banks and Establishment of Contractual Relationship in Electronic Environment (“Amendment Regulation”) has been published in the Official Gazette dated 25.05.2023 and numbered 32201.

With the Amending Regulation, the definitions of “Real Beneficiary,” “Central Registry Registration System (MERSIS),” “Trade Registry Gazette” and “Legal Entity” were added, and the definitions of “Explicit Consent” and “Person” in the previous Regulation have been amended.

Accordingly, Real Beneficiary includes the real persons who perform transactions before the obliged party, the real person or persons who control the real person, legal entity or unincorporated entities on whose behalf the transaction is made, or the real person or persons who are the ultimate beneficiary of the account or transaction belonging to them.

Explicit consent, on the other hand, is more clearly defined as “consent based on information on a specific subject and expressed with free will.”

The Amending Regulation also amends the definition of “person” and expands the scope of persons who can perform transactions with remote authentication before banks. Accordingly, not only natural persons and natural person merchants, but also natural person or persons authorized to represent a legal entity will be able to benefit from this service.

In addition, the Amending Regulation also added some regulations under the heading “General principles to be followed before the process is initiated”, which are necessary to provide more accessible services to disabled users in the remote identification process. Accordingly, remote identification processes will be designed in accordance with Article 4 of the “Regulation on Accessibility of Banking Services” published in the Official Gazette No. 29746 and it will be possible for persons with disabilities to receive assistance from a third party if needed during the video call phase of remote identification.

Finally, within the scope of Additional Article 1 introduced by the Amending Regulation, the Banking Regulation and Supervision Board is authorized to determine the procedures and principles regarding the transactions to be performed by artificial intelligence-based methods, which are to be performed by the customer representative pursuant to the Regulation.

The Amending Regulation will enter into force on June 1, 2023.

You can access the full Turkish text of the Amending Regulation from the link below.