Turkey: As A Way Of Protecting Consumers From Unsolicited Communication - "Law On Electronic Commerce"

Last Updated: 19 November 2015
Article by Selen Ibrahimoglu Gures

The main purpose of the Law on Electronic Commerce ("Law") effective as of May 1, 2015 is to define the liabilities of the service providers or intermediaries in terms of electronic commerce and for communicating with their customers.

In this context a major issue from the consumer's point of view is the wish to regulate the receipt of "junk mails/messages". Therefore the new legislation has been highly appreciated by the consumers, as unsolicited commercial communication from service/intermediary service providers had grown to be a major disturbance for them in the last decade.

The Law is mainly based on Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive 2000/31/EC"). In this context the unsolicited commercial communication could be rejected by consumers by way of opt out registering.

Nevertheless, "Regulation on Electronic Communication and Electronic Commercial Messages" ("Regulation") came into effect on July 15, 2015 regulating unsolicited commercial communication like it is defined in Directive 2002/58/EC of the European Parliament and of the Council of July 12, 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector ("Directive 2002/58/EC"), accepting the opt-in system. This system foresees that prior given consent of the subscriber would need to be obtained for unsolicited commercial communication.

This and some other differences in the mentioned source legislations might have created incoherence in the purpose of the Law and the Regulation and their application vis-à-vis the benefits of the consumers.

When one makes strict interpretation of the mere language of the Law and the Regulation in terms of conditions and procedures of sending of unsolicited messages, it is obvious that some electronic commerce activities might negatively be affected beyond the purpose of protection of consumer rights.

That is why still many discussions are going on between the associations, institutions and Ministry of Customs and Trade to be able to create a unique resolution to the commercial needs of both the service provider/intermediaries and consumers. Some further changes in the Regulation may occur in the following months based on inputs of the public and private institutions and market players.


Article 6 of the Law states that, "the commercial electronic messages shall be sent to the receivers only with their prior consent" and it is stated that this consent shall be taken in writing or via all kinds of electronic communication devices. The corresponding article in the Regulation, Article 5, regulates that the approval should be obtained by the service provider who will send commercial electronic message forpromoting, and/or advertising the goods and services. At this point there are ambiguities in terms of the party who will take the approval.

Literal interpretation as stated above would drive that only the party who will send the electronic commercial message should physically receive the approval of the consumer.

Whereas this interpretation might go beyond the protection of the consumer, because consumers may give their approvals to those who at the time of receipt of such consent were not a transaction party to them.

On the other hand, there may be no obstacle for such approvals to be physically received by appointed agents or mandates for the said service provider, as long as the approval explicitly includes the issues and parties to whom such consent is being given.

Yet again can more than one service provider receive the approval of a consumer under one consent to be executed by the consumers is another issue that will need to be clarified.


Law and the Regulation defines "intermediary service providers" as "the real person and legal entities who provide the electronic environment to the other parties for their financial and commercial activities".

Determination of who is an "intermediary service provider" in the market is also important in terms of sending the electronic communication and receipt of the approval. Service providers can send messages via intermediary service providers, however, intermediary service providers could not send electronic commercial messages to the receivers on behalf of other parties in order to introduce, promote or advertise the goods and services.


Temporary Article 1 of the Regulation states that the approvals which have been taken before July 15, 2015 and including an explicit consent of the receiver are deemed to be valid approvals to be used in the future as well.

On the other hand, according to the same article before July 15, 2015, if a general approval is taken and electronic commercial messages have been sent upon these approvals on behalf of a third party, that third party on whose behalf the approval had been taken may contact the consumer for once within 3 months as of July 15, 2015 to get its own approval.

Now, the question in the market is what are the limits of an explicit vs general approval and which service providers should be sending such additional consent until October 15, 2015?

The answer to this question again lies on the interpretation of who is authorized or obliged to get the consent to send electronic communications to the consumers.

We are on close watch on the developments of this important issue especially for telemarketing companies in the Turkish market.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.