Technology Law: Turkey Launched Commercial E-Message Management System to Individuals for Tracking and Management

The Commercial Electronic Message Management System (“IYS”) was introduced by the Regulation amending the Regulation on Commercial Communication and Commercial Electronic Messages on January 4, 2020. IYS is mainly defined as the system that enables obtaining consent for commercial electronic messages, exercising the right to opt-out and managing the complaint processes. which required individuals and entities acting as service providers to obtain the consent of recipients before sending messages for commercial purposes on electronic platforms such as telephone calls, e-mail, short message, etc as defined in law. Furthermore, the storage and management of consents for all commercial electronic messages on a single platform will become possible. The IYS also enables individuals to track and manage their consents regarding the commercial electronic messages from various service providers by signing up to the IYS.

The deadline for service providers to register for the IYS and transfer their commercial electronic message consents to the system was postponed to November 30, 2020

Finally, on January 7, 2021, the Ministry of Trade announced that “Commercial Electronic Message Management System” and the IYS is available for recipients and the public.

Accordingly;

- With the IYS, it is aimed to prevent commercial electronic messages without prior consent before they are sent to the consumers and to reduce unwanted message traffic.

- The system enables the consumers to track, control, and reject all consents regarding the commercial electronic messages from a single point.

- The deadline given to service providers with over 150 thousand commercial electronic message consents to upload their current consents to the IYS expired on 31 December 2020.

- Individuals will be able to check their consents regarding the commercial electronic messages and change their consent preferences via e-Devlet or www.iys.org.tr until February 16, 2021.

- The deadline for service providers with 150 thousand or fewer commercial electronic message consents to upload their current consents to the IYS will expire on May 31, 2021. Consumers will be able to check the approvals between June 1, 2021, and July 16, 2021.

- The data transferred to the IYS by the service providers will be deemed approved unless rejected by the individuals in given period.

- Aforesaid periods are to control of the current consents, and individual will still be able to change their commercial electronic message preferences over the IYS at any time.

Nihan Ünal

HERDEM is an Istanbul based law firm that provides highest quality, partner led and timely responsive legal services to itsinternational corporate clients.

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