ARTICLE
3 December 2020

İYS Deadlines Extended

EA
Esin Attorney Partnership

Contributor

Esin Attorney Partnership, a member firm of Baker & McKenzie International, has long been a leading provider of legal services in the Turkish market. We have a total of nearly 140 staff, including over 90 lawyers, serving some of the largest Turkish and multinational corporations. Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. We help our clients capture and optimize opportunities in Turkey's dynamic market, including the key growth areas of mergers and acquisitions, infrastructure development, private equity and real estate. In addition, we are one of the few firms that can offer services in areas such as compliance, tax, employment, and competition law — vital for companies doing business in Turkey.
According to the Regulation, service providers wishing to send commercial electronic messages must register with and transfer recipient consents to the İYS.
Turkey Media, Telecoms, IT, Entertainment

Deadlines for service providers to register with the Electronic Messages Management System (tr. IYS) and transfer recipient consents to the IYS, according to the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") have been extended.

Per the announcement of the Ministry of Trade ("Ministry") published on November 30, 2020, service providers must complete registration and transfer process until;

  • December 31, 2020 for service providers with more than 150,000 commercial electronic message consents; and
  • May 31, 2021 for service providers with 150,000 or less commercial electronic message consents.

The deadlines for recipients to review, accept or withdraw electronic message consents transferred to the IYS are determined as follows;

  • February 15, 2021 for consents transferred by service providers with more than 150,000 commercial electronic message consents; and
  • July 15, 2021 for consents transferred by service providers with 150,000 or less commercial electronic message consents.

Announcement of the Ministry is available online here (in Turkish).

  Previous Deadline New Deadline
Scope   Service providers with more than 150,000 commercial electronic message consents Service providers with 150,000 or less commercial electronic message consents
Deadline for service providers to transfer recipient consents to the IYS December 1, 2020 December 31, 2020 May 31, 2021
Deadline for recipients to review their consent
declarations on the IYS
January 16, 2021 February 15, 2021 July 15, 2021

 

Conclusion

According to the Regulation, service providers wishing to send commercial electronic messages must register with and transfer recipient consents to the IYS. Consents that are not transferred to IYS by the foregoing deadlines will be deemed invalid, unless a new extension is introduced by the Ministry.
Consequently, companies sending further commercial communications to its customer portfolio whose opt-ins are not transferred to the IYS will be in breach of e-commerce legislation.

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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