Commercial Electronic Message

Commercial electronic messages are governed by Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communications and Commercial Electronic Messages. They are messages sent by phone, call centre, text message, e-mail and similar electronic means to promote or market goods and services or increase the business’s recognition. Promotional push notifications sent from mobile apps also fall within this scope.

The Prior Approval Rule

As a rule, commercial electronic messages may not be sent without the recipient’s prior approval. Approval may be obtained in writing or by any electronic means, but the burden of proving it lies with the service provider. Approvals must be registered with the Message Management System (IYS); no message may be sent to a recipient who does not appear in IYS.

The main cases in which prior approval is not required are:

• Traders and craftsmen: Commercial electronic messages may be sent to traders and craftsmen without prior approval, but they too can opt out at any time.
• Messages about an existing relationship: Where the recipient provided their contact details themselves, messages about changes to, use of and maintenance of the goods or services supplied.
• Informational messages: Order confirmations, payment reminders or notices about the continuation of a service that contain no promotion are not commercial electronic messages in the first place.

Content and the Right to Refuse

The message must contain information identifying the service provider, the MERSİS number for traders, at least one contact detail depending on the channel, and a way for the recipient to opt out easily and free of charge. Recipients may refuse messages at any time without giving reasons; sending must stop within three business days at the latest after the opt-out reaches the provider. Approval records are kept for three years from the end of the approval’s validity.

Relationship with the KVKK

Approval for commercial messages and explicit consent under the KVKK are different regimes. Approval permits the message to be sent; processing personal data for marketing must additionally rely on a KVKK legal basis and be covered by a privacy notice. The two texts must be designed separately.