In accordance with the Law No. 6563 on the Regulation of Electronic Commerce (“ETK”), all kinds of commercial communication made via electronic communication tools in order to promote and market the goods and services of real and legal persons in line with their commercial activities, or to increase the recognition of their business are accepted as commercial electronic messages. According to the relevant legislation, these commercial electonic messages can only be communicated in accordance with specific procedures and principles. Moreover, with the amendments made in the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") on January 4, 2020, new provisions had already been introduced regarding the process of sending commercial electronic messages by real persons and legal entities. Within this scope, the national central Commercial Electronic Messages Management System ("İYS") had gained legal statusand entered into our lives.
Accordingly, real and legal persons who are willing to send commercial electronic messages must register to İYSin accordance with certain deadlines determined under the legislation. Also, real and legal persons became obliged to integrate into the system by transferring the commercial electronic message delivery confirmations they have received previously. After this registration and integration process, recipients would then log in to the system and check their permissions.
The periods stipulated by the Regulation were first postponed by the Turkish Republic Ministry of Commerce ("Ministry") until August 31, 2020, and it was announced that the recipients could log in to the system within 3 months from this date in order to check their permissions.
With the amendment on the Regulation published on the Official Gazette dated August 28th, 2020, the registration and integration periods of the service providers and the time allowed for the recipients to check their permissions by entering the system are postponed for the second time now. The new dates are as follows:
i. The deadline determined for service providers for registration to İYSas well as integration of their approved data into the system: 01 December 2020,
ii. The deadline determined for recipients to check the approvals registered on their behalf by logging into İYS which will be possible as of December 1st, 2020: January 16, 2020.
Thus, with the changes made, it is seen that the period for the recipients to check the approvals has been reduced from 3 months to 45 days. In addition, within the amendments, the Ministry has been given authority to extend these periods for 6 more months if deemed necessary in the future.
In the light of the information given above, we would like to remind you that you may find the full text of the changes made in the Regulation here (only available in Turkish), and you can contact us if you have any further questions about the subject.