The Law on Regulation of Electronic Commerce ("Law") is
published in the Official Gazette on 5 November 2014 entered into
force as of 1 May 2015.
According to the Law on
Regulation of Electronic Commerce, commercial electronic messages
have been defined as; "Data, sound and image messages which
are formed electronically and sent for commercial aims via
telephone, call center, fax, automatic dialling machines, smart
voice recorder system, e-mail and SMS service". These messages
shall not be sent by service to any consumers unless the
providers had received a prior approval which would be either given
verbally or via any kind of electronic media.
Administrative fines which is
between 1.000 and 5.000 Turkish Liras shall be imposed to Service
Providers and Intermediary Service Providers with respect to
delivery of a commercial electronic message without the consent of
the recipient. Moreover, in case the commercial electronics
messages have been sent to more than one recipient, such penalty
shall be applied as ten times of the aforementioned.
Article 6 provides an
exception for "prior approval" requirement for the
electronic messages. Hence, it is provided that Service providers
and Intermediary Service Providers would send commercial electronic
messages to the craftsmen and merchants without any prior approval.
However, it should be well noted that a message directed to a
company address does not require any kind of prior approval but the
same message needs a prior approval in case it is directed to the
same company's shareholders or the general manager.
According to the Article 7,
content of the commercial electronic message must be suitable to
the approval which has provided by the recipient. Otherwise,
Administrative fines which is between 1.000 and 5.000 Turkish Liras
shall be imposed to the service providers and Intermediary Service
Providers. Content of commercial electronic message must
Identification Information of Service Providers
Contact Information of Service Providers such as telephone, fax
fines which is between 1.000 and 5.000 Turkish Liras shall be
imposed to Service and Agent Service Providers.
According to Article 8,
recipients may refuse to receive the commercial electronic message
without any cause.
In terms of providing the
Recipient the right of refusing commercial electronic message,
Service Providers have some obligations such as;
To enable the recipient to submit any rejection notice via easy
and free via electronic media.
To enable the recipient to have necessary information with
respect to the rejection notice in any kind of commercial
To cease the electronic message traffic directed to the
Recipient within 3(three) work days after the rejection
Otherwise, administrative fines which is between 2.000 and
15.000 Turkish Liras shall be imposed to service providers and
intermediary service providers. As a consequence; the Law which
entered into force on 1 May 2015 is aimed to prevent unnecessary
message and e-mail traffic directed to the consumers whether they
include any kind of advertising and promotion by the service
provider. However, the law is not applicable for the message
traffic which has been directed to the recipients via the
sender's resident outside of the Turkish Republic borders.
However, we believe that aforementioned administrative fines would
be imposed to the beneficiaries of the messages if they are
resident in Turkey.
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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