The Law covers electronic communications, liabilities of service
providers, contracts concluded electronically, and the information
provided to consumers, as well as unsolicited electronic
One of the key provisions under the Law requires service
providers to: (a) clearly identify the terms of the contract and on
whose behalf it is sent; (b) state the trade associations of which
it is a member, the rules of conduct for the profession, and how
the recipient may access these electronically; (c) give up-to-date
and easy-to-access identifier information before a contract is
concluded; and (d) state whether the concluded contract will be
kept by the service provider and whether it will be accessible by
the recipient and, if so, for how long. This information must be
clearly communicated before and after the formation of the contract
if such contract is entered into electronically.
The Law also hopes to put a stop to unsolicited SMS and email
messages with the introduction of a new opt-in and opt-out regime.
The opt-in system, also favoured by the EU, requires prior consent
to be obtained by the individual consumers before any commercial
electronic messages may be sent. The consent requirement does not
apply to business-to-business marketing. Failure to comply could
result in a penalty ranging from TL 1,000 to TL 5,000 (and up to 10
times the original fine for repeat offenders).
In introducing an opt-out system, the Law stipulated that
recipients should be provided with the right to unsubscribe at any
time to commercial electronic messages free of charge, and are not
required to provide a reason in refusing further communication.
Turkey still lacks a comprehensive data protection law, but this
new law takes the country a step closer to both providing
transparency to consumers, and seeking to facilitate
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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