Client Alert Turkey – The Regulation on Amendments to the Regulation on Commercial Communication and Commercial Electronic Messages

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Client Alert Turkey – The Regulation on Amendments to the Regulation on Commercial Communication and Commercial Electronic Messages

The Regulation on Amendments to the Regulation on Commercial Communication and Commercial Electronic Messages has been published in the Official Gazette dated January 4, 2020 and numbered 30998.

The Regulation on Commercial Communication and Commercial Electronic Messages (“Regulation”), which is based on Law No. 6563 on Regulation of Electronic Commerce published in the Official Gazette dated 15.07.2015 and numbered 29417, regulates principles and procedures regarding obligation to inform commercial communication through electronic communication means and requirements to be met for commercial electronic messages. The Regulation on Amendments to the Regulation on Commercial Communication and Commercial Electronic Messages (“Amending Regulation”), which is issued by the Ministry of Trade and published in the Official Gazette dated January 4, 2020 and numbered 30998, introduced new provisions regarding principles and procedures to be complied  by the real persons and legal entities who use electronic commercial messages.

In line with the Amending Regulation, the Commercial Electronic Message Management System, (“CMMS”) namely IYS, will be established by an institution authorized by the Ministry of Trade; and real persons and legal entities who wish to use commercial electronic messages are obliged to register with the IYS. Accordingly, the process of obtaining permission for sending commercial electronic messages will be maintained, the use of the right to opt-out will be exercised by the recipients and the complaint processes will be managed through the IYS.

In addition to above, Amending Regulation governs the obligations of intermediary service providers within the scope of the IYS, and principles regarding permission processes which are not obtained through the IYS, as well as the uploading of the existing databases to the IYS.

You may reach the full text of the Amending Regulation via the link below:

https://www.resmigazete.gov.tr/eskiler/2020/01/20200104-2.htm

 

 

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