Recent developments in e-commerce: Commercial Electronic Message Management System and Safety Stam

The Regulation on Commercial Communications and Commercial Electronic Messages published in the Official Gazette on 4 January 2020 (the “Regulation”) introduces the establishment of a Commercial Electronic Message Management System aimed at centralising the consent collection for receiving commercial electronic messages, managing opt-out requests, and handling complaints related to unsolicited commercial messages. Additionally, the operationalisation of the safety stamp system, as outlined in the Communiqué on the Electronic Commerce Safety Stamp published in the Official Gazette dated 6 July 2017 (the “Communiqué”), has commenced, with twelve companies receiving safety stamps from the Turkish Union of Chambers and Exchange Commodities.

Amendments to the Regulation on Commercial Communications and Commercial Electronic Messages

Commercial Electronic Message Management System

• The Regulation envisages the creation of the Commercial Electronic Message Management System (“İYS”) to manage consent collection, opt-out requests, and complaints regarding unsolicited commercial messages.
• İYS is expected to be administered by İleti Yönetim Sistemi A.Ş., established by the Turkish Union of Chambers and Exchange Commodities (“TOBB”), accessible through iys.org.tr/.
• Service providers are required to register with İYS before sending commercial electronic messages, and sending messages without consent registered on İYS is prohibited. Non-compliance may lead to administrative fines ranging from TRY 2,092 to 10,175, which can be multiplied up to tenfold for multiple recipients.
• İYS is scheduled to accept service provider registrations from 15 January 2020, with functionality beginning on 1 March 2020. Service providers must upload existing consents to İYS by 1 June 2020. Recipients failing to opt out by 1 September 2020 will have their consent validated.

Consent, opt-out right, and complaints

• Commercial electronic message consents can be obtained via İYS. If not, an acknowledgment message must be sent within 24 hours to the recipient’s electronic contact address, followed by registration on İYS within three business days.
• Exceptions for messages to merchants or craftsmen without prior consent remain, but their electronic contact addresses must be registered on İYS, and opt-out verification is required.
• Recipients may exercise their opt-out right through the service provider’s platform or İYS. Opt-out notifications via service provider platforms must be registered on İYS within three business days.
• İYS handles complaints about commercial electronic messages, which undergo pre-investigation before the Trade Ministry Provincial Directorate requests relevant documents from concerned parties.

Retention and obligations

• Records related to commercial electronic messages must be retained for three years by intermediary service providers and service providers.
• Intermediary service providers must align their systems with İYS. They must verify consent through İYS before transmitting messages on behalf of service providers and cannot send messages without consent registered on İYS.
• Intermediary service providers must respond through İYS within 15 days to complaints about messages transmitted on behalf of service providers.
• These obligations do not apply to email transmissions, and İYS must be notified by intermediary service providers when a recipient terminates their network subscription.

Electronic commerce safety stamp

The Communiqué introduced a safety stamp system to set minimum standards for e-commerce activities and identify compliant companies. TOBB has issued safety stamps to twelve e-commerce companies meeting technical infrastructure and business process requirements outlined in the legislation. This initiative aims to enhance competitiveness and recognition for Turkish e-commerce companies domestically and internationally.

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