The Practical Impact of QR Code Checks in the Banking System | Check Law and Digitalization

The Practical Impact of QR Code Checks in the Banking System

Entrance

Checks are one of the most important negotiable instruments used in commercial life instead of cash payments. However, the problem of bounced checks , which has been experienced for years, has made payment security a matter of debate. In search of a solution to these problems , a QR code check application was developed in the Turkish banking system and has been in actual use since 2017.

QR code checks serve to protect parties in commercial relationships by providing both security and transparency . However, their practical effects, advantages, and risks continue to be debated in the legal world.

What is a QR Code Check?

Definition

A QR code check is a type of check that allows information about the issuer's past payment performance to be checked thanks to the QR code printed on it.

Legal Basis

Check Law No. 5941
Circulars of the Central Bank of the Republic of Türkiye (TCMB)
BDDK Regulations

Its purpose

Reducing the risk of bounced checks
Informing the creditor
Increasing transparency in the banking system

Application Process

Check sheets are printed with QR codes by banks.
The holder receiving the check scans the QR code via the mobile application or the bank's system.
The check issuer's past check payment performance and risk report are displayed.
The holder makes the decision regarding the reliability of the check.

Advantages of QR Code Checks

Increased Confidence
- The check issuer's past payment habits can be viewed.
- Checks from high-risk individuals are easier to identify in the market.
Decrease in Bounced Checks
- The holder prevents harm by refusing to accept checks from individuals with a high risk of default.
Trust in the Banking System
- Verification through the Central Bank of Turkey's records increases confidence in the banking system.
Quick and Easy Control
- With the mobile application, inquiries can be made in seconds.
Economic Impact
- In commercial life, uncertainty decreases for creditors, and the volume of commercial transactions increases.

Legal Problems Arising from QR Code Checks

1. The Problem of Proof

The legal evidentiary value of information obtained from QR code scans is debatable.
It is unclear whether a QR code printout will be considered written evidence under the Code of Civil Procedure.

2. The Issue of Responsibility

If the QR code information is not updated or is incorrect, who will be responsible: the bank, the Central Bank of Turkey (TCMB), or the user?

3. Protection of Personal Data

Sharing the payment habits of a check issuer constitutes personal data under the Turkish Personal Data Protection Law (KVKK)
Is sharing this data legally permissible?

4. Nature of a Negotiable Instrument

A QR code check retains its status as a negotiable instrument as long as it meets the requirements of the Check Law and the Turkish Commercial Code.
However, the absence of a QR code does not invalidate the voucher.

Supreme Court Decisions and Practice

There are not yet many Supreme Court rulings regarding QR code checks. However, some rulings indirectly support the reliability of electronic systems:

The 11th Civil Chamber of the Supreme Court of Appeals, Decision No. 2018/2789, stated:
"Data obtained through electronic systems constitutes written evidence when its accuracy is technically proven."

This decision could set a precedent in discussions about the evidentiary value of QR code printouts.

International Comparison

USA: The "Check 21 Act" has made it possible to process checks digitally.
EU: While the use of electronic checks is limited, digital banking is rapidly expanding.
China: Digital payment systems have almost eliminated the use of checks.

Türkiye's QR code-based check model serves as an example, especially for developing countries.

The Economic Impact of QR Code Checks

Security for Creditors: Identifying risky customers ensures the protection of creditors.
Discipline for debtors: Breaking payment habits directly affects business reputation.
Economic Stability: Making checks secure increases confidence in the market and expands trade volume.

Strategic Recommendations

For Legislation

Provisions regulating the probative value of QR code data should be added to the Turkish Code of Civil Procedure and the Czech Law.
Special regulations should be made within the scope of the Personal Data Protection Law (KVKK).

For Practitioners

Banks need to keep their QR code systems constantly updated.
Lawyers must submit technical reports so that the information obtained from QR code checks can be used as evidence.

For the Judiciary

The Supreme Court should ensure uniformity in application by issuing precedent-setting decisions regarding checks with QR codes.

Conclusion

The QR code check application a revolutionary step in the Turkish banking system, increasing the security of checks .

Advantages: Trust, transparency, reduction in bounced checks, economic stability.
Issues: Evidential value, liability disputes, protection of personal data.

In conclusion, QR code checks are an important tool for protecting creditors in commercial life. However, for the effectiveness of the application, legal regulations, GDPR compliance, banking supervision , and judicial precedents .

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