INFORMATION NOTE ON SENDING MESSAGES AS OF MAY 1

astriol
  • 29/08/2022

INFORMATION NOTE ON SENDING MESSAGES AS OF MAY 1

The links to the draft regulation expected to be published under the Law on the Regulation of Electronic Commerce and the Law on commercial communications are at the bottom of this email.

Although the final text of the regulation has not yet been published, the points you should pay attention to when sending messages in the new period within the framework of the Law and the draft regulation:

  • Who to send it to:
     
  • In the period before May 2015, you have exchanged goods and services with you and received contact information for the purpose of sending messages (Article 13 paragraph 1 of the Regulation)
  • You have the burden of proof (e.g. invoice submission) (Article 13 paragraph 4 of the Regulation)
  • Authorizing in writing and electronically. If it is in writing, there is a wet signature requirement. (Article 13 paragraph 2 and Article 7 paragraph 1 a of the Regulation)
  • In electronic approval, a positive will declaration is required. (Article 13 paragraph 2 and article 7 paragraph 1 b of the Regulation)
  • Penalty obligation: Between 1,000 and 5,000 liras in case of sending commercial electronic messages without approval (Article 12 paragraph 1 a of the Law) and ten times the administrative fine foreseen for messages sent without approval in mass shipments (Article 12 paragraph 2 of the Law)

 

  • Content:
     
  • Must comply with the approval received from the buyer (Article 7 paragraph 1 of the Law and Article 5 paragraph 1 of the Regulation) The penalty obligation is between 1,000 and 5,000 liras (Article 12 paragraph 1 a of the Law)
  • At least one of your trade name, registered trademark name and business name information must be included (your trade name may be abbreviated in accordance with the legislation in the use of text messages). (Article 7 paragraph 2 of the Law and Article 5 paragraph 3 of the regulation) Criminal liability: Between 1,000 and 10,000 liras (Article 12 paragraph 1 paragraph b of the Law)
  • You must have your phone number. Other alternatives: It is the text message number or fax number. Which access information is provided must be determined depending on the type of electronic communication medium used. (Article 7 paragraph 2 of the Law and Article 5 paragraph 4 of the regulation) Penalty obligation: Between 1,000 and 10,000 liras (Article 12 paragraph 1 paragraph 1 b of the Law)
  • First of all, "Advertisement" or "This is an advertisement" should be included. (Regulation article 5 paragraph 5)
  • Messages regarding promotions, promotional competitions or games, such as discounts and gifts, must clearly state the purpose of the message. The terms of validity of the promotions, if any, and the obligations that the buyer must fulfil in order to take advantage of them are presented clearly and beyond doubt, by easily accessible methods, such as a URL address or customer service number specific to these matters. (Article 5 paragraph 7 of the Regulation) Penalty obligation is between 2,000 and 15,000 liras (Article 12 paragraph 1 c of the Law).
  • In each commercial electronic message sent, the recipient must be given the opportunity to refuse.

 

  • Right to Refuge;

 

  • The right of refusal for SMS must be by text message number. These messages should be free. (Article 8 paragraph 2 of the Law and Article 10 paragraph 2 of the regulation) Criminal liability: between 2,000 and 15,000 liras (Article 12 paragraph 1 c of the Law)
  • After the rejection request is received, you must stop sending messages within three business days. (Article 8 paragraph 3 of the Law and Article 11 of the Regulation) Criminal liability: Between 2,000 and 15,000 liras (Article 12 paragraph 1 c of the Law)

Sample MESSAGES;


Advertising: 5%  off Organik Haberlesme on all tariffs specific to this month. If you do not want to receive messages, write SMS RET OHT and send it to 4609. 0242 255 50 16 

If you have Campaign conditions:
Advertising: 10% off all products from %oh  % this month. If you do not want to receive messages, write SMS RET OHT and send it to 4609. 0242 255 50 16  For more information 

We strongly request  you to pay attention to the  above conditions in your submissions.

Thank you for your trust in our company. We want you to know that we are ready for all complementary information. 

 

LAW: http://www.resmigazete.gov.tr/eskiler/2014/11/20141105-1.htm

REGULATION (draft):

http://www.gtb.gov.tr/data/553e3ae6f293705e64d07b38/T%20CAR%20%20%20LET%20%20%20M 20%VE%20T%20CAR%20%20ELECTRON%20K%20%20LET%20LER%20ABOUT%20%20Y%C3%96NE TMEL%20K%20DRAFTLA%20I.pdf

 

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