One of the most important innovations introduced by the Law No. 6563 on the Regulation of Electronic Commerce is that companies or people engaged in e-commerce are required to obtain prior approval from the people they send SMS or e-mail to. Advertising, brochures, campaigns from companies that people do not want within the scope of this obligation v.s. it is stipulated that they will not receive SMS and e-mail with content. Various fines and sanctions are also provided for companies or persons who take otherwise actions in accordance with the relevant legislation Law No. 6563 sets out a framework for e-commerce and states that e-commerce carried out within this scope is legal:
Electronic messages for commercial purposes can only be sent if there is explicit consent of the recipient. An additional approval is not required when sending a message to the person who provides the contact information in order to contact him regarding changes made to the goods or services in question. If the addressee of electronic messages is a merchant or tradesman, prior approval is not required for the message to be sent. The scope of an electronic message for commercial purposes should only be in accordance with the approval received, and should not go outside the approved framework. Information belonging to the company or person sending the electronic commercial message should be clearly included in the message, and contact information should definitely be included in the message. Recipients have the right to withdraw their consent to receive messages at any time. The method of refusing to receive electronic messages should be free and easy. It should be stated in the message how the cancellation method is and that it is absolutely free of charge. The service provider must stop sending this message within 3 days of the cancellation request reaching the company or the individual. The service provider is obliged to protect the data it holds and to ensure its complete security. The service provider may not share the said data with third parties or use it for other purposes without the consent of the said persons. Anyone who is not a merchant or tradesman who receives electronic messages that do not comply with the scope outlined above can create a complaint record from the website opened by the Ministry of Customs and Trade on this issue.
E-commerce is an area that is growing with increasing rates in the world and in parallel in our country. Unfortunately, there was no legal regulation on the scope of electronic messages in our country before the Electronic Communication Law entered into force in 2008. The increasing prevalence of e-commerce, the spread of technology to all points of our lives, the fact that the blessings of technology are used to the fullest extent in creating a customer portfolio, has led to the birth of legal regulations that meet the needs of the current and modern era. In this context, in particular, the protection of personal data is of particular importance, and this issue has become an occasion for discussing brand-new legal issues both in our country and in the world.
In particular, the fact that data and data trading has become a sector brings with it a wide variety of dangers. The fact that technology memory contains a wide range of data from people's private lives to all their information also leads to the need to keep information memory under control.