With the “Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages” (“Regulation”) published on 4 January 2020, new obligations were imposed on commercial electronic messaging that would affect all those using electronic messages. Under the new regulations, the most crucial obligation is registry with the newly established Message Management System called IYS.
“Data, audio and video content messages that are sent for commercial purposes and using electronic infrastructure such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, electronic mail, short message services” are defined as commercial electronic messages under the Regulation. Those who send these messages must make a preliminary application to the İYS, which will be made available as of 1 March 2020.
Subsequent to the preliminary application, service providers will receive an user name and password provided by the İYS. Such account information will be used in order to conduct registration to the İYS. Such registration cannot be completed by third party service providers. Service providers who fail to comply with the requirements will directly be held responsible.
Approvals still had to be obtained from users through electronic or forms in writing. Along with the provisions of the amended Regulation, any prior approval that has not been uploaded to the system by 1 June 2020 will be deemed invalid. The relevant approvals can be loaded into the system individually, collectively or through technical integration. It is expected that the details about how to register the current approvals to the system will become clear in the coming days. In addition, new approvals can be obtained through the İYS as well if requested by service providers. Electronic messaging approvals may, however, continue to be received with a signature in the physical environment or electronically. Approvals received in this way must be uploaded to the system within 3 (three) business days.
In the light of these developments, it is necessary to complete the İYS registrations, transfer the approvals to the system and make the necessary technical improvements regarding the new approvals in order to ensure the continuation of the commercial electronic message posts in accordance with the law. If possible, for service providers who have received their approval electronically, the integration of software used during the process into the İYS can be considered a meaningful investment to ensure compliance with this new obligations.