Home Tekstil Exports September 2020

28
EVENTS
HTE
data, audio and video content, which are carried out electronically
and sent for commercial purposes, and that the
legislator does not limit this concept to exact expressions,
but leaves it open with the sampling method following the
rapidly developing technology.
Lawyer Burcu Kırçıl, “Law; Except for domain names and
e-mail address, all kinds of communication-related to electronic
commerce for gaining profit within the scope of
professional or commercial activities are considered as
commercial communication, and natural or legal persons
engaged in electronic commerce activities are also called
service providers. “ said. Lawyer Burcu Kırçıl continued her
statements as follows:
What is the scope of the regulations?
According to the law, a service provider will only be able
to send commercial electronic messages provided that the
recipient has received the prior consent of the recipient either
electronically or physically with a wet signature. The
situations that do not require approval in sending commercial
electronic messages to the recipients in Article 6 of the
Regulation are as follows:
• If the buyer provides his / her contact information in order
to communicate with him/her, sent for the change, use, and
maintenance of the goods or services provided,
• Messages containing notifications regarding ongoing subscription,
membership or partnership status, collection,
debt reminder, information update, purchase, and delivery
or similar situations and sent to the service provider regarding
the obligation to provide information under the relevant
legislation,
• Sent to electronic contact addresses of buyers who are
merchants or tradesmen,
• Following the legislation on the capital market, there is no
requirement to obtain approval for commercial electronic
messages sent by companies engaged in intermediation activities
for informative purposes.
Stating that in Article 5 of the Regulation, service providers
who will send commercial electronic messages are obliged
to register with the MMS system and transfer the approvals
they have already received from the buyers to the MMS and
that sending commercial electronic messages to the recipients
who do not have an approval record on the MMS is
prevented, Lawyer Burcu Kırçıl said, “ Although commercial
electronic messages sent to and tradesmen are not subject
to approval, the contact addresses of these recipients
should be recorded in the MMS system and it should be
checked whether the merchants and tradesmen exercise
their right of rejection before sending the message. “ she
spoke.
Message recipients also have obligations
The MMS will be available to the recipients of commercial
electronic messages in the coming days. In this way, buyers
will be able to log into the MMS system and view the service
providers they have given commercial electronic message
approval, approve a new service provider or have the opportunity
to use their right to decline.
The temporary article 2 of the Regulation, which entered
into force after being published in the Official Gazette
dated 28 August 2020 and numbered 31227, brought an
extremely important obligation for the buyers. Within the
scope of the latest regulations; A message will be sent by
the MMS to the recipients, informing that the approvals have
been uploaded to the MMS and that these approvals will be
deemed valid and the possibility of rejection can be used
through the MMS if they are not checked until 16.1.2021.
With the new regulation, buyers are obliged to check the approvals
registered in the MMS until 16.1.2021. Commercial
electronic messages sent after the end of this period will be
deemed approved. In addition, the Ministry will be able to
postpone these dates for six months, considering the quality
of service providers and the size of commercial electronic
message approvals.
With the new regulations introduced, the Commercial
Electronic Message Management System envisages a transparent
environment that allows the recipients to carry out
approval and rejection transactions, keep their records, and
make complaints, and the lawyer Burcu Kırçıl, with the regulations,
may be subject to sanctions in case of violation
of the legislation, the service providers and the electronic
commerce environment He emphasized the importance of
obtaining information about the rights and obligations of
the intermediary service providers that install them within
the scope of current changes.
September 2020