Commercial Messaging and IYS Compliance
Promotional and campaign messages sent by SMS, e-mail and phone are subject both to Law No. 6563 on the Regulation of Electronic Commerce and to the KVKK. We bring your Message Management System (İYS) records, your processes for obtaining and managing consent to commercial messages, and your agreements and policies on personal data used for marketing into line with both sets of rules.
What is a commercial electronic message?
A commercial electronic message is a message sent by electronic means such as phone, call centre, SMS or e-mail to promote or market goods and services or to raise awareness of a business. As a rule, it cannot be sent without the recipient’s prior consent. Messages that are purely informational about an existing relationship, such as an order confirmation or a payment reminder, do not require consent.
Recipients may always opt out of messages without giving a reason. Sending must stop no later than three business days after the opt-out reaches the sender.
What is the Message Management System (İYS)?
İYS is the national database in which consents to and opt-outs from commercial electronic messages are recorded. Service providers sending commercial messages must register their consents in İYS, and no message may be sent to a recipient whose consent does not appear in İYS. Recipients can also view and manage their consents and opt-outs through İYS.
Scope
- İYS registrations and management of commercial message consents
- Reviewing agreements and policies on the use of marketing data
- Preparing consent texts together with KVKK privacy notices and explicit consent texts
- Reviewing agreements with agencies, call centres and bulk messaging companies
How We Work
- Reviewing current sending channels, consent collection points (forms, checkout, apps, call centre) and İYS records
- Rewriting consent, privacy notice and explicit consent texts channel by channel
- Designing İYS integration and opt-out handling together with the business units
- Setting up agreements and the data processing relationship with suppliers that send messages
- A short practical training and checklist for the marketing team
Team
Frequently Asked Questions
Are consent to commercial messages and explicit consent under the KVKK the same thing?
No. Consent under Law No. 6563 permits messages to be sent; explicit consent under the KVKK is the basis for processing personal data for marketing purposes. They are governed by different rules and the texts must be designed separately; in particular, explicit consent must be obtained separately from the privacy notice.
Is consent required for messages sent to businesses (B2B)?
Commercial electronic messages may be sent to merchants and tradespeople without prior consent. These recipients nevertheless always have the right to opt out, and sending must stop once an opt-out is received. Messages sent to an employee's personal e-mail address or phone need to be assessed separately.
How long should we keep consent records?
Under the commercial communication rules, consent records are kept for three years from the date the consent ceases to be valid. These records are the only way to prove that consent was obtained in a complaint or an inspection.
Who is responsible when messages are sent through an agency?
The company that has the message sent to promote its own goods or services remains responsible as the service provider. The agreement with the agency or bulk messaging company should clearly set out consent checks, İYS queries and data security obligations.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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