Introduction
Commercial electronic communications and SMS marketing rules in Turkey are highly important for companies that communicate with customers through SMS, e-mail, telephone calls, automated calls, mobile applications, push notifications, call centers, online campaigns, loyalty programs and digital marketing tools. Businesses operating in Turkey cannot freely send promotional messages to individuals merely because they have obtained a phone number or e-mail address. Turkish law establishes a strict consent-based framework for commercial electronic communications.
The main legislation governing this field is Law No. 6563 on the Regulation of Electronic Commerce. The implementation of this law is supported by the Regulation on Commercial Communication and Commercial Electronic Messages. The Turkish Ministry of Trade explains that commercial electronic messages include data, audio and visual messages sent for commercial purposes through tools such as telephone, call centers, fax, automatic calling systems, smart voice recording systems, e-mail and SMS. The Ministry also states that complaints regarding unsolicited commercial messages are examined by the Ministry and administrative fines are imposed on persons or entities found to have sent messages in breach of the law.
Commercial electronic communications law is closely linked with personal data protection law. A phone number, e-mail address, customer profile, mobile application identifier or marketing preference may qualify as personal data. Therefore, companies must comply not only with Law No. 6563 and the commercial electronic message regime but also with Law No. 6698 on the Protection of Personal Data, commonly known as KVKK. The Personal Data Protection Authority has issued important decisions and public announcements on SMS verification codes, marketing consents and push notifications.
For companies, the legal risk is significant. Unlawful SMS marketing, unsolicited e-mails, unauthorized promotional calls, bundled consents, misleading opt-in processes, failure to provide opt-out options, failure to record consent in the Message Management System and inadequate data protection practices may result in administrative fines, complaints, data protection investigations and reputational damage.
What Are Commercial Electronic Communications in Turkey?
Commercial electronic communications are messages sent electronically for commercial purposes. These messages may promote goods or services, advertise a business, announce campaigns, offer discounts, invite customers to purchase, promote a brand, market a loyalty program, or encourage participation in a commercial event.
In practice, commercial electronic communications may include:
SMS marketing messages.
Promotional e-mails.
Automated telephone calls.
Call center marketing calls.
Fax messages.
Mobile application push notifications.
Campaign alerts.
Discount notifications.
Loyalty card messages.
Invitation messages for sales events.
Product launch announcements.
Cross-selling and up-selling messages.
Personalized offers based on customer behavior.
The Turkish Ministry of Trade defines commercial electronic messages broadly and expressly includes SMS, e-mail, telephone, call centers, fax, automatic calling systems and smart voice recording systems within this concept when the communication is made electronically and for commercial purposes.
The decisive element is not only the channel used but also the purpose of the message. A message about order delivery, payment confirmation, password reset or service interruption may be a transactional or service-related message. However, a message advertising a discount, new product, campaign, membership advantage or special offer is generally a commercial electronic message.
This distinction is crucial because marketing messages usually require prior consent, while certain operational notifications may be sent without marketing consent if they are necessary for the performance of a contract or legal obligation.
Legal Framework for SMS Marketing and Commercial Electronic Messages
The legal framework for commercial electronic communications in Turkey is based mainly on Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages. The Ministry of Trade states that Law No. 6563 entered into force on 1 May 2015 and that the regulation determines the rules on commercial communications made through electronic communication tools, including SMS, e-mail and telephone calls, as well as the obligations of intermediary service providers that enable such communications electronically.
The core principles of this framework are:
Commercial electronic messages generally require prior consent.
The message content must be consistent with the consent obtained.
The sender must be identifiable.
The message must include accessible contact information.
The commercial nature of the message must be clear.
Recipients must be given an easy and free opt-out mechanism.
Opt-out requests must be respected.
Consent and refusal records must be managed properly.
Complaints may be filed through official complaint systems.
Administrative sanctions may be imposed for violations.
This framework applies to real and legal persons who send commercial communications electronically to promote their own goods or services, promote their business, or do so on behalf of others. Companies should also remember that marketing communications may trigger obligations under consumer protection law, unfair commercial practices rules, advertising regulations and personal data protection law.
The Consent Requirement: Opt-In Principle
Turkish law generally follows an opt-in model for commercial electronic communications. This means that a company should obtain the recipient’s consent before sending marketing SMS, promotional e-mails or commercial calls. The Ministry of Trade explains that consent must be obtained before sending commercial electronic messages and that such consent remains valid until the recipient uses the right of refusal.
Consent must be specific, informed and based on a positive declaration of will. In practical terms, a company should not rely on silence, inactivity, pre-ticked boxes, hidden clauses or vague general wording. The recipient must clearly understand that they are agreeing to receive commercial electronic messages.
A lawful consent process should include:
The identity of the service provider.
The recipient’s electronic contact address.
The type of communication channel, such as SMS, e-mail or call.
The purpose of the communication.
A clear positive consent statement.
A record showing when and how consent was obtained.
The possibility to withdraw consent later.
Consent may be obtained in writing, electronically or through the Message Management System. However, the company must be able to prove consent. In disputes, the burden is practically on the sender to demonstrate that the recipient had validly consented before the message was sent.
A company should never send a commercial electronic message merely to ask for permission to send future commercial messages. The Ministry of Trade expressly states that consent cannot be requested by sending a commercial electronic message to the recipient’s electronic communication address.
IYS: The Message Management System in Turkey
The Message Management System, known in Turkish as İleti Yönetim Sistemi or IYS, is the national platform for managing commercial electronic message permissions and complaint processes. IYS describes itself as a national platform through which commercial electronic message permissions and complaint processes can be managed under the relevant law and regulation.
IYS is central to commercial electronic communications compliance in Turkey. It allows service providers to manage recipients’ consent and refusal preferences. It also allows recipients to control their commercial electronic message preferences from a centralized system. IYS materials state that citizens can keep and manage all commercial electronic communication consents in a single and secure point.
For businesses, IYS compliance is not merely a technical formality. A company must ensure that its consent records are accurate, updated and synchronized with its marketing systems. Sending a marketing SMS to a person who has opted out in IYS may create legal risk even if the company’s internal CRM system still shows that person as a marketing recipient.
A compliant marketing system should therefore be built around consent lifecycle management. This means that every opt-in, opt-out, update, channel preference, source of consent and withdrawal should be recorded and respected. Marketing teams, CRM systems, agencies, call centers and SMS providers must operate consistently with IYS records.
Who Is a Service Provider and Who Is an Intermediary Service Provider?
In commercial electronic communications law, the distinction between the service provider and intermediary service provider is important. The service provider is the person or company whose goods, services or business are promoted. The intermediary service provider is the party that electronically facilitates sending messages on behalf of another person or company.
For example, an e-commerce company that sends SMS messages to promote its own campaign is the service provider. An SMS gateway company, marketing automation provider or bulk e-mail platform that sends messages on behalf of the e-commerce company may act as an intermediary service provider.
The Ministry of Trade explains that a service provider may send commercial electronic messages itself or through intermediary service providers to recipients whose prior consent it has obtained. However, intermediary service providers cannot obtain consent for sending commercial messages on behalf of others to promote the goods, services or business of those others.
This distinction is important for contracts. A company using an SMS agency or marketing platform should clearly regulate responsibilities regarding consent verification, IYS checks, opt-out mechanisms, data security, reporting, evidence retention, message content, sender ID and complaint handling.
Intermediary service providers should not blindly send every campaign list submitted by clients. They should maintain contractual safeguards and technical controls to reduce the risk of unlawful messaging.
Exceptions to Prior Consent
The general rule is that prior consent is required. However, Turkish law recognizes certain exceptions. The Ministry of Trade states that prior consent is not mandatory for commercial electronic messages sent to the electronic communication addresses of recipients who are merchants or tradesmen. However, if those merchants or tradesmen use their right of refusal, commercial electronic messages cannot continue to be sent without consent.
This exception should be applied carefully. A company should not assume that every business-related e-mail address belongs to a merchant or tradesman. For example, an employee’s work e-mail address may still relate to an identifiable individual. In addition, data protection rules may still apply even where commercial electronic communication consent is not required.
Some communications may also fall outside the commercial electronic message regime. The Ministry lists several categories outside the regulation’s scope, including public information messages by state and local public bodies, certain messages sent by operators under Law No. 5809 to their subscribers for promoting their own goods or services, messages by certain professional organizations and public-benefit associations to their members regarding their commercial enterprises, certain broadcasting-related informational messages and messages sent by foundation universities to students and parents.
Businesses should not stretch exceptions beyond their purpose. If a message is promotional and sent to an ordinary consumer, prior consent should generally be obtained.
SMS Marketing Rules in Turkey
SMS marketing is one of the most common forms of commercial electronic communication. It is also one of the most frequently complained-about communication channels because SMS messages reach recipients directly and instantly.
A lawful marketing SMS in Turkey should satisfy several requirements:
The recipient must have valid consent unless an exception applies.
The sender must be identifiable.
The message must include required identifying information.
The message content must match the consent scope.
The recipient must be given a clear opt-out option.
The opt-out option must be easy and free.
The sender must stop sending messages after opt-out.
The message must not be misleading.
The message must comply with data protection rules.
The Ministry of Trade states that short messages with limited space must include identifying details such as the MERSIS number for merchants or name and identity/tax number information for tradesmen, depending on the sender’s status. It also states that each commercial electronic message must contain at least one accessible contact detail such as telephone, fax, SMS number or e-mail address, depending on the communication channel.
If the commercial nature of the message is not obvious from its content, the message should include a phrase indicating its nature, such as campaign, promotion or information. For SMS messages, this should appear at the beginning of the message.
The opt-out mechanism is especially important. The Ministry explains that the right of refusal must be provided through the same communication channel in an easy and free manner and must be included in every commercial electronic message. For example, the opt-out mechanism for an SMS marketing message should also be provided through SMS.
E-Mail Marketing Rules in Turkey
E-mail marketing is also subject to the commercial electronic communication rules. Promotional e-mails, newsletter campaigns, discount announcements, abandoned-cart campaigns, loyalty program updates and product recommendations may all be commercial electronic messages if sent for commercial purposes.
A lawful marketing e-mail should include:
Valid prior consent unless an exception applies.
The sender’s trade name or identifying information.
Contact information.
A clear subject line if the commercial nature is not obvious.
Campaign and promotion conditions where relevant.
An easy and free unsubscribe mechanism.
Compliance with personal data protection law.
E-mail marketing lists must be built lawfully. Companies should not scrape e-mail addresses from websites, search engines, directories or social media and use them for mass marketing. The Personal Data Protection Board has examined cases where work e-mail addresses obtained from internet search engines were used for commercial messages without explicit consent.
Companies should also distinguish between service e-mails and marketing e-mails. A password reset e-mail, order confirmation or invoice delivery may not be marketing. However, adding a campaign offer into an operational e-mail may transform the communication into a commercial electronic message or at least create legal uncertainty.
Marketing Calls and Automated Calls
Commercial electronic communication rules also apply to telephone calls, call center marketing and automated calling systems. A company cannot simply call individuals for marketing because their phone numbers appear in a database.
Marketing calls should be based on valid consent unless an exception applies. The caller should identify the company and purpose of the call. If the recipient rejects further contact, the company should record and respect the refusal.
Automated calling systems, smart voice recording systems and call centers are expressly included in the Ministry’s definition of commercial electronic messages. This means that voice-based marketing is not outside the legal framework.
Call centers must also comply with KVKK. Call recordings, customer phone numbers, campaign preferences and marketing scripts may involve personal data processing. Companies should inform recipients where calls are recorded, restrict employee access and maintain records proving consent.
Push Notifications and Mobile Application Marketing
Mobile application push notifications are increasingly used for digital marketing. A retailer, bank, food delivery platform, travel platform or telecom operator may send instant notifications to announce campaigns, discounts, new services or personalized offers.
Push notifications may not always be treated exactly the same as SMS under commercial electronic communication rules, but they often involve personal data processing and marketing consent issues. The Personal Data Protection Authority issued a public announcement on mobile application push notifications in January 2026. The Authority emphasized that a valid explicit consent must be specific, informed and freely given, and that forcing a user who wants order tracking notifications to also accept marketing notifications damages free will. It also explained the principle of granular consent, requiring separate and independent choices for different purposes.
This guidance is highly important for app-based businesses. A mobile application should allow users to manage notification categories separately. For example, a user should be able to receive cargo notifications but refuse campaign notifications. A single all-or-nothing notification consent may create legal risk.
App architecture should therefore support preference management. Legal compliance cannot be achieved only through a privacy policy; the technical design of the app must allow users to exercise meaningful choices.
Content Requirements for Commercial Electronic Messages
Commercial electronic messages must be transparent. The recipient should know who sent the message, why it was sent, how to contact the sender and how to stop further messages.
The Ministry of Trade states that commercial electronic messages must include identifying information. For merchants, the trade name and MERSIS number are required; for tradesmen, name and identity or tax number information is required. In limited-space SMS messages, shorter identifying information may be used as specified by the rules. The message must also include at least one accessible communication channel, such as telephone, fax, SMS number or e-mail address.
If the message includes promotions such as discounts, gifts, competitions or games, these matters must be clearly stated. The conditions of such campaigns must be provided through easily accessible methods such as a URL or customer service number.
This is especially important for short SMS campaigns. A message such as “Huge discount today, click now” may be legally risky if the sender cannot be identified, the campaign conditions are unclear or the opt-out mechanism is missing.
Opt-Out Rights and Withdrawal of Consent
The right to refuse further commercial electronic messages is a fundamental recipient right. Even where a person previously gave consent, they must be able to withdraw it easily and free of charge.
The Ministry of Trade explains that refusal must be made possible through the same communication channel in an easy and free way and must be included in every commercial electronic message. The Ministry also states that consent remains valid until the recipient uses the right of refusal.
Companies must process opt-outs promptly. A refusal should not be treated as a mere preference update that can be ignored until the next marketing cycle. Marketing databases, CRM systems, agencies, SMS providers and IYS records should be updated consistently.
A compliant opt-out system should:
Be easy to use.
Be free of charge.
Use the same communication channel where required.
Be included in every message.
Update central records.
Stop future messages.
Create an evidence trail.
Be synchronized with IYS.
Failure to respect opt-out requests is one of the most common legal risks in SMS marketing.
Relationship between Commercial Electronic Communications and KVKK
Commercial electronic communication compliance and KVKK compliance are separate but connected. Law No. 6563 regulates whether a commercial electronic message may be sent. KVKK regulates whether the personal data used for that message is processed lawfully.
A company may have IYS consent for sending a marketing SMS but still violate KVKK if the phone number was collected unlawfully, if the privacy notice was missing, if data was shared with an agency without proper safeguards or if the company processes data for profiling without a lawful basis.
The Ministry of Trade itself notes that citizens may apply to the Personal Data Protection Authority regarding messages sent without explicit consent under Law No. 6698. It also states that persons directing commercial electronic messages and data processors using personal data without explicit consent to send commercial messages on behalf of data controllers may need to stop such activities under KVKK.
Therefore, companies should prepare a combined compliance system. Marketing consent, privacy notices, personal data processing inventories, IYS records, CRM data, vendor agreements, cookie consent, app notification preferences and opt-out records should all work together.
SMS Verification Codes and Bundled Consent Problems
Many businesses use SMS verification codes during registration, payment, loyalty card enrollment, order creation or membership processes. This practice can be lawful when used for identity verification or transaction security. However, it becomes risky when the SMS code is used to obtain multiple consents at the same time without clear separation.
The Personal Data Protection Board’s 10 June 2025 principle decision provides important guidance. The Board stated that individuals must be clearly informed about the purpose of the SMS code and the consequences of sharing the code. It also stated that practices where membership approval, personal data processing consent and commercial electronic communication consent are obtained through a single action should be ended, and that separate explicit consent should be obtained for separate processing activities.
The Board further emphasized that consent for processing personal data for commercial electronic communication should not be presented as a mandatory condition for completing the product or service transaction. It recommended making clear that the service may still be provided even if the code is not used for marketing consent and that permissions may be changed later.
This decision is highly relevant for retail stores, e-commerce platforms, telecom operators, banks, loyalty card programs, food delivery apps and any business that uses SMS verification during customer onboarding.
Complaint Mechanisms
Recipients may complain about unsolicited commercial electronic messages. The Ministry of Trade states that complaints may be filed through the Commercial Electronic Message Complaint System integrated with e-Government or in writing to the provincial directorate where the complainant resides.
The Ministry’s general information page also states that complaints may be filed electronically through the complaint portal or by petition to provincial trade directorates within three months from the date the commercial electronic message was sent.
A complaint may be based on:
No prior consent.
Message sent after opt-out.
Missing sender information.
Missing opt-out mechanism.
Misleading campaign content.
Unclear sender identity.
Message content exceeding consent scope.
Unlawful use of phone number or e-mail address.
Failure to process refusal.
A recipient should preserve the SMS, e-mail, call record, screenshot, sender number, date, time and any opt-out attempt. Businesses should also preserve evidence of consent, IYS records, message content and opt-out processing because these may be requested during an investigation.
Administrative Fines and Legal Sanctions
Violations of commercial electronic communication rules may result in administrative fines. The Ministry of Trade states that complaints about unwanted commercial electronic messages are examined and administrative fines are imposed on real or legal persons found to have sent messages unlawfully.
Administrative fine amounts are updated periodically. For 2026, legal summaries of the Official Gazette communiqué dated 25 December 2025 state that violations such as failing to obtain prior consent for commercial electronic messages and failing to send content consistent with consent may be subject to fines ranging from TRY 2,859 to TRY 14,309; violations concerning opt-out rights and stopping messages within the legal period may be subject to fines ranging from TRY 5,723 to TRY 42,930; and failure to preserve commercial electronic message records for ten years may be subject to higher fines ranging from TRY 143,102 to TRY 715,516.
In addition to Ministry of Trade sanctions, KVKK sanctions may arise where personal data is processed unlawfully. For example, unlawful use of phone numbers for SMS marketing, failure to provide proper notice, invalid consent mechanisms, unauthorized sharing with agencies or failure to implement data security measures may trigger data protection complaints and administrative fines.
Therefore, a single unlawful SMS campaign may create more than one legal exposure: commercial electronic communication sanction, KVKK investigation, consumer complaint, reputational damage and contractual liability with vendors.
Record-Keeping and Burden of Proof
Record-keeping is one of the most important compliance duties in SMS marketing. Companies must be able to prove that consent was lawfully obtained, that the message was sent within the scope of that consent, that the recipient had not opted out and that every message included legally required information.
A strong evidence file should include:
The consent text.
Date and time of consent.
Consent channel.
Recipient’s electronic contact address.
IP address or log record where applicable.
SMS verification record where applicable.
IYS consent status.
Message content sent.
Sender ID.
Recipient list.
Opt-out records.
Complaint response records.
Agency or SMS provider logs.
Vendor contracts.
Privacy notice version.
Employee or call center script used.
If a company cannot prove consent, it may be treated as having sent an unlawful commercial electronic message. This is why marketing teams should not rely on informal Excel lists, purchased databases, old customer lists or undocumented consent records.
Third-Party Marketing Agencies and Vendor Liability
Many businesses outsource SMS marketing and e-mail campaigns to agencies, CRM companies, SMS gateways, call centers or marketing automation platforms. Outsourcing does not eliminate legal responsibility.
The service provider remains responsible for ensuring that messages are sent to recipients with valid consent. The intermediary service provider may also have obligations depending on its role. Contracts should clearly allocate responsibility for consent verification, IYS checks, opt-out synchronization, data security, message approval, logging, complaint handling and indemnity.
Marketing vendors should not receive raw customer lists without proper data processing agreements. If personal data is transferred to a vendor, KVKK compliance is required. The vendor should use data only for the agreed purpose, apply security measures and delete or return data after the campaign.
Practical Compliance Checklist for Companies
A company sending commercial electronic communications in Turkey should implement the following compliance checklist:
Classify each communication as transactional or marketing.
Identify the communication channel: SMS, e-mail, call, push notification or other.
Obtain valid prior consent unless a lawful exception applies.
Record the consent source, date, content and channel.
Register and manage consent through IYS where required.
Check IYS status before every campaign.
Avoid sending messages to recipients who opted out.
Include legally required identifying information in every message.
Include an easy and free opt-out mechanism in every message.
Ensure message content matches the consent scope.
Avoid misleading campaign statements.
Provide clear campaign conditions through accessible links or customer service channels.
Separate marketing consent from contract approval, membership approval and KVKK notices.
Do not make marketing consent mandatory for purchasing goods or services.
Use granular consent for push notifications and app-based marketing.
Maintain KVKK-compliant privacy notices.
Review vendor and agency contracts.
Keep message and consent records for audit purposes.
Train sales, marketing, call center and store personnel.
Respond to complaints promptly.
Practical Checklist for Recipients
Recipients who receive unwanted commercial electronic messages should take the following steps:
Do not delete the message immediately.
Take a screenshot showing sender, date and content.
Check whether the message contains an opt-out option.
Use the opt-out mechanism if safe and appropriate.
Check IYS preferences.
File a complaint through the official complaint system if the message is unlawful.
Keep call records where marketing calls are involved.
Apply to the Personal Data Protection Authority where personal data appears to be processed unlawfully.
Avoid sharing SMS verification codes unless the purpose is clearly explained.
Be careful where a store or app asks for a code that may also approve marketing consent.
Foreign Companies and Cross-Border Marketing
Foreign companies targeting customers in Turkey should not assume that foreign marketing rules are sufficient. If a company sends SMS, e-mails, calls or push notifications to recipients in Turkey, Turkish commercial electronic communication rules may become relevant.
Foreign businesses should consider:
Whether they need to manage Turkish recipients’ consent through IYS.
Whether their Turkish marketing messages include required sender information.
Whether opt-out mechanisms work in Turkey.
Whether Turkish-language disclosures are needed.
Whether phone numbers and e-mail addresses are processed under KVKK.
Whether data is transferred abroad lawfully.
Whether Turkish agencies or SMS providers are involved.
Whether campaign content complies with Turkish advertising and consumer law.
This is particularly important for e-commerce platforms, travel companies, fintech businesses, SaaS providers, mobile applications, online marketplaces, digital subscription services and international retailers.
Conclusion
Commercial electronic communications and SMS marketing rules in Turkey are built on a consent-based framework. Businesses must generally obtain prior consent before sending marketing SMS, promotional e-mails, marketing calls or other commercial electronic messages. They must also manage consents through proper systems, respect opt-out rights, include required sender information, avoid misleading content and comply with data protection law.
The Message Management System plays a central role in managing commercial electronic communication permissions and refusals. Companies should ensure that their CRM systems, marketing agencies, SMS providers and IYS records are synchronized. Sending messages based on outdated or undocumented consent records creates serious legal risk.
KVKK compliance is equally important. A phone number or e-mail address is personal data, and using it for marketing requires a lawful basis, proper notice, data security and respect for data subject rights. Recent guidance from the Personal Data Protection Authority shows that bundled consent, unclear SMS verification processes and all-or-nothing push notification permissions are risky.
For companies, the safest approach is to design marketing compliance as a combined legal, technical and operational process. Valid consent, accurate records, transparent messages, easy opt-out tools, data protection safeguards and staff training are essential.
For recipients, Turkish law provides complaint mechanisms, opt-out rights and data protection remedies against unwanted commercial electronic messages.
As digital marketing, SMS campaigns, mobile apps, customer analytics and automated communication tools continue to grow, compliance with commercial electronic communications and SMS marketing rules in Turkey will remain a key legal obligation for every business targeting Turkish consumers.
Frequently Asked Questions
What is a commercial electronic message in Turkey?
A commercial electronic message is a data, audio or visual message sent electronically for commercial purposes through tools such as SMS, e-mail, telephone, call centers, fax, automatic calling systems or smart voice recording systems.
Is prior consent required for SMS marketing in Turkey?
Yes, as a general rule, prior consent is required before sending marketing SMS messages unless a specific legal exception applies. The Ministry of Trade states that consent must be obtained before sending commercial electronic messages.
What is IYS?
IYS, or İleti Yönetim Sistemi, is the national Message Management System through which commercial electronic message permissions and complaint processes are managed under the relevant law and regulation.
Can companies send marketing messages to merchants or tradesmen without consent?
Prior consent is not mandatory for commercial electronic messages sent to the electronic communication addresses of recipients who are merchants or tradesmen. However, if they use their right of refusal, messages cannot continue to be sent without consent.
Must every marketing SMS include an opt-out option?
Yes. The Ministry of Trade states that the refusal mechanism must be provided in every commercial electronic message and must be easy and free of charge through the same communication channel.
Can marketing consent be bundled with membership or purchase approval?
Bundling different consents into a single action is risky. The Personal Data Protection Board has stated that membership approval, personal data processing consent and commercial electronic communication consent should not be obtained through a single SMS verification action and that separate explicit consent should be obtained for separate processing activities.
Are push notifications subject to privacy rules?
Yes. The Personal Data Protection Authority has stated that users should be given separate choices for different notification purposes and should not be forced to accept marketing notifications in order to receive necessary service notifications.
Where can recipients complain about unsolicited commercial messages?
Complaints may be filed through the Commercial Electronic Message Complaint System integrated with e-Government or in writing to the provincial directorate where the complainant resides.
Can unlawful SMS marketing lead to KVKK sanctions?
Yes. If phone numbers or other personal data are processed unlawfully for marketing, the issue may also fall within the scope of KVKK and may lead to data protection complaints or sanctions.
What should companies do before launching an SMS campaign in Turkey?
Companies should verify consent, check IYS status, include required sender information, provide an easy opt-out option, ensure KVKK compliance, review message content, keep records and coordinate with SMS providers or agencies through compliant contracts.
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