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Storage of Personal Data
Storage of Personal DataIt is the most important obligations of the service provider and intermediary service provider to store, secure, not transfer and not use personal data for other purposes. The most important issue for intermediary service providers is; they are not obliged to control the legality of the content, product and service provided by the real or legal persons to which they provide electronic media. The scope of responsibility is determined by the Regulation. Messages sent by businesses to promote themselves and messages sent to members of associations or professional chambers are outside the scope of the Regulation. E.g; The Union of Turkish Bar Associations is not required to obtain approval for messages they send to lawyers. 6563 p. The Law on the Regulation of Electronic Commerce is important in that it imposes an obligation to inform service providers. Another important issue is spam content. Although the Ministry could not work effectively for spam content until the message management system was established, today there are very serious fines for service providers. The Ministry has the right to voluntarily inspect all kinds of information, documents and books. Within the scope of Article 5 of KVKK, it becomes possible to give these data to the Ministry.
Commercial Messages and Legal Entities
The natural or legal person who wants to send commercial electronic messages must register in the message management system. In order to send commercial messages, the consent of the consumer is required. However, there are some situations that do not require approval. E.g; As we mentioned above, there is no obligation to obtain approval from companies that act as intermediaries in the event that the buyer leaves their contact information, in the case of subscription, in the case of sending commercial messages to the trader / tradesman rather than to the consumer, and finally, within the scope of the CMB legislation. Although the subscription is considered as an exceptional case, commercial electronic messages sent for the purpose of informing the customer must be related to the service with the subscription. No other product/service promotion should be made.
Obtaining consent; Consumer approval; The physical signature can be given in writing, electronically or via IYS by any means of communication. The burden of proof is on the service provider for approvals obtained outside of the IYS. If received through the IYS, the system keeps the records in its own database. Approvals received outside of the IYS are considered invalid if they are not recorded in the system within three working days.
Consumer’s right to complain; If sending via SMS is provided, the mersis number of the service provider must be specified in the message. The recipient can reject the message without giving reasons. Notice of rejection to the agency shall be deemed to have been made to all parties. The content of the commercial electronic message must include how the recipient can reject the messages. The service provider must notify the IYS of the rejection within three business days. Consumer; A complaint can be lodged within 3 months of receiving an electronic message from the state, through IYS, by applying personally to the Ministry or the provincial directorate. The information of the sender of the message, the time and date of the message must be added to the complaint application. The complainant can only complain about the messages sent to his/her own communication channels. However, it is debatable whether the user or the owner of the line has the right to complain.
In the event of a complaint, the burden of proof is on the service provider or intermediary service provider. It is obligatory to keep records for 3 years from the end of consumer approval.
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