Forthcoming Obligations of E-Commerce Companies
With the Regulation Concerning Changes on Commercial Communication and Commercial Electronic Messages Regulation (“Regulation”) published in the Official Gazette dated 04.01.2020 and numbered 30998, the principles and procedures regarding the obligations to provide information on commercial communication via electronic communication instruments and rules to be complied with in commercial electronic messages are regulated.
In accordance with the said Regulation, commercial electronic messages are defined as messages with data, audio and video content sent for commercial purposes and transmitted electronically using instruments such as telephone, call centers, fax, automatic call machines, smart voice recorder systems, electronic mail, short message service. Service providers defined as real or legal person may only send commercial electronic messages with the consent of electronic message recipients. Recipients are also provided with the right to reject the messages sent within the scope of their consent.
In this context, it is stipulated by the Regulation to establish a national data base Message Management System (“MMS”) in order to manage consents, rejections and complaints regarding commercial electronic message delivery.
Within the scope of explanations above, we kindly remind you that all service providers wishing to send commercial electronic messages according to the Regulation must fulfill the registration obligation and upload all the consents they received to the system until December 1, 2020.
Finally, we would like to remind you that there is a risk of administrative fines for sending messages without uploading consents to MMS.