AMENDMENT TO THE REGULATION ON COMMERCIAL COMMUNICATION AND COMMERCIAL ELECTRONIC MESSAGES

04 December 2020

The Regulation on the Amendment to the Regulation on Commercial Communication and Commercial Electronic Messages has been put into force with effect from 1 September 2020 (for some articles).

In this context, any natural or legal person who wishes to send commercial electronic message shall register on the “Message Management System”(IYS). In light of the regulation, commercial electronic message cannot be sent to a person whose consent is not available on the system in question.

The proof of availability of the consent is burden on the supplier of service where the approval is not received through the system.  Any consents which are not received, shall be registered on the IYS by the supplier of the service. Consents which are not registered in the system will be invalid.

Available consents will be delivered to the IYS by 1/6/2020. The receivers will be notified to check their consent by 1/9/2020. The consents which are not cancelled until the date in question, will be valid.

In the content of voice call, commercial name for the merchant, name and surname for the tradesman will be taken place. In addition to these, the supplier of the service can include his brand or the name of business which are the information introducing himself. The matter for the voice call has taken effect with the publication of the regulation in the official gazette.

The denial notifications which are conducted to the supplier of the service himself will be notified the IYS by the supplier of the service himself. The receiver can use its right of rejection through the IYS system.

The complaints will be conducted firstly to preliminarily examination via the IYS.

The entire text of the regulation can be found here.

Should you have any queries and/or remarks, please do not hesitate to contact us.

                   Kind regards,

Zumbul Attorneys-at-Law

      info@zumbul.av.tr