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Since various personal data of recipients are needed when sending such commercial electronic messages, in order to supervise this processing of personal data and the sending of commercial electronic messages, Message Management System has been established. In this article we discuss what the IYS is, the legislation on which it is based, and the facilities it offers to recipients and service providers.
Currency note
This article was prepared on the basis of the legislation and practice in force on the date of its publication. There may have been changes since then in the regulation provisions and practice concerning the Message Management System. You are advised to consult a lawyer regarding the current position.
In today’s digitalised world, companies may send commercial messages via electronic means for all kinds of purposes such as campaigns, promotions and the like.
Ticari elektronik ileti is defined as any commercial communication carried out by natural and legal persons through electronic communication means, in the course of their commercial activities, for the purpose of promoting or marketing their goods and services or increasing the recognition of their business.
Message Management System, is the national database system in which all service providers record their current consents for commercial electronic messages.
Recipients (citizens) may not only give consent but also exercise their right to refuse their existing consents via the IYS.
Commercial electronic messages may not be sent without consent
Law No. 6563 on the Regulation of Electronic Commerce, Regulation on Commercial Communication and Commercial Electronic Messages provide that, save for the exceptions laid down in the regulation, commercial messages may not be sent by service providers to recipients without the recipient's consent, and that recipients must be given the opportunity to refuse messages sent with consent.
Options the system offers recipients (citizens)
Options the system offers service providers
At this point, various matters need attention: for companies, correctly determining the nature of the commercial messages to be sent and ensuring that consents are obtained from recipients in accordance with the legislation; and for recipients, being able to exercise the right of refusal effectively when necessary and to make use of the relevant complaint mechanisms.
Practical checklist · Companies
Practical checklist · Recipients
The Message Management System (İYS) is the national database system in which all service providers record their current consents for commercial electronic messages. Through this system, recipients can give consent and also exercise their right to opt out of existing consents.
Under Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communications and Commercial Electronic Messages, commercial messages may not be sent without the recipient's consent, except for the exceptions specified in the Regulation. Recipients must also be given the opportunity to opt out of messages sent with permission.
After registering with the system and adding their existing permissions once, service providers can manage the process relating to communication consents; they can collect their customers' consent and opt-out notifications through different channels and manage these permissions separately for each of their brands.
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