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The deadlines related to the Commercial Electronic Message Management System (IYS) are postponed for the second time

2020, Erdemir&Özmen Attorney Partnership

The deadlines related to the Commercial Electronic Message Management System (IYS) are postponed for the second time

The Regulation on Making Amendments to the Regulation on Commercial Communication and Commercial Electronic Messages (“the Regulation”) has entered into force as published in the Official Gazette dated 28.08.2020 and numbered 31227. Pursuant to the Regulation, the deadlines related to the Commercial Electronic Message Management System (“the IYS”) are postponed for the second time.

 

Pursuant to the Regulation, the approvals obtained within the scope of the Regulation shall be transferred to the IYS by the service providers until 01.12.2020. At the end of this period, a message shall be sent to the recipients by the İYS. The message shall inform that the approvals have been uploaded to the IYS and that the approvals uploaded to the IYS shall be deemed to be valid if they are not checked until 16.01.2021 and that recipients’ right to refuse the approvals may be exercised through the IYS.  

The approvals recorded into the IYS shall be checked by the recipients until 16.01.2021. The commercial electronic messages, sent after expiration of this period, shall be deemed to be approved.

The Ministry is authorized to postpone these dates for six months, taking into consideration the characteristics of the service providers and the quantity of the commercial electronic message approvals.

Besides, pursuant to the Regulation, the service providers’ obligations to register with the IYS and to perform approval checks through the IYS before sending commercial electronic messages is also postponed to 16.01.2021, instead of 01.09.2020.

Conclusion 

In conclusion, the deadlines related to the IYS are as follows:

  • As regards the past approvals obtained by the service providers, the deadline for the service providers to transfer these approvals to IYS is 01.12.2020.
  • As regards the approvals granted previously to the service providers by the consumers, the deadline for the consumers to check these approvals through IYS is 16.01.2021.
  • As regards the service providers’ obligations to perform approval checks through the IYS, the effective date of these obligations is 16.01.2021.
  • The deadline for the service providers to fulfil their obligations to register with the IYS and to perform approval checks through the IYS before sending commercial electronic messages is 16.01.2021.

Reference:

https://www.resmigazete.gov.tr/eskiler/2020/08/20200828-14.htm


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