Commercial Electronic Messages Management System (“IYS”) Registration Periods Extended

As is known,  “The Regulation on the Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages” has been published in the Official Gazette No. 30998  on dated 4 January 2020 and significant changes have been made in the content of "Regulation on Commercial Communication and Commercial Electronic Messages" which published in the Official Gazette No. 29417 dated 15 July 2015. With the amendments , the procedures and principles regarding commercial communication made via electronic communication tools have been regulated. The most important issue of these regulations is the Commercial Electronic Message Management System (the "IYS") and the obligation to register in the IYS, which are included in our legislation with the aforementioned regulation and enable commercial electronic message approval, exercise of the right to refuse and execution of complaint processes. Pursuant the regulation certain deadlines are stipulated regarding the obligation on registration.

 

However, the negative effects of the new type of Coronavirus (COVID-19) pandemic, which affects the whole world, on daily life continue and cause some disruptions in business processes. For this reason, the requests of companies in different sectors and non-governmental organizations to postpone the registration dates for the IYS have been forwarded to the Ministry of Trade ("Ministry"). Considering the aforementioned issues, the registration dates for the IYS have been postponed and in accordance with the "Regulation on the Amendments of the Regulation on Commercial Communication and Commercial Electronic Messages" published in the Official Gazette dated 28 August 2020 and numbered 31227, the registration date to the IYS has been extended to 1 December 2020. It should be noted that, with this regulation, the Ministry has been authorized to postpone these dates for six months, taking into consideration the quality of service providers and the plurality of commercial electronic message approvals.

 

Within this scope ,  " The Press Statement on Commercial Electronic Message Management System (IYS)" has been published by the Ministry of Commerce on 30 November 2020 . With this press statement, it has been evaluated that the effect of the new type of Coronavirus (COVID-19) pandemic continues, the registration and integration periods for the IYS has been postponed. The new dates related to the IYS are as follows;

  • Deadline to transfer recipient consents to the IYS for service providers with more than 150,000 commercial electronic message consents is 31 December 2020. 
  • Deadline for recipients to review their consent declarations on the IYS is 15 February 2021.
  • Deadline to transfer recipient consents to the IYS for service providers with 150,000 or less commercial electronic message consents is 31 May 2021.
  • Deadline for recipients to review their consent declarations on the IYS is  15 July 2021.

 

it is crucial to state that in case of violation of the Regulation and / or failure to fulfill the obligation to register to IYS, administrative fines will be imposed within the scope of Article 12 of the Law on the Regulation of Electronic Commerce No.6563 in accordance with Article 17 of the Regulation.

 

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