Message Management System
Message Management System (MMS) is a national database system that allows service providers to store and manage the consents that they receive from the recipients to send electronic messages via call, SMS and e-mail. It also allows buyers to use their right of approval and rejection, transmit and manage commercial electronic message complaints in the adequate safety standards.
In order to prevent problems in message management, various kinds of legal changes were made in the Electronic Law on the Regulation of Trade and Commercial Communication and Commercial Electronic Messages Regulations. Accordingly, The Union of Chambers and Commodity Exchanges Turkey (TOBB), which authorized by the Ministry of Commerce has established a message management system. This Union is responsible for registration to MMS, approval and rejection information in MMS, reporting, taking approval via MMS, exercising the right to refuse, receiving commercial electronic mail, reporting complaints, managing the complaint process quickly and effectively and the preparation of technical infrastructure for intermediary service providers to use the system and providing access to the Ministry of Trade. In addition, the Union is obliged to take the necessary technical measures to ensure that commercial electronic messages are not interrupted and conduct other work and transactions requested by the Ministry of Commerce regarding the MMS.
By virtue of this system, service providers can store and manage different types of message (via calling, text message and e-mail) permissions, view the permissions given by the recipients and complain about submissions that are not approved. Besides, the public can display message complaints and approval conditions that are subjected to the complaint. Overall, the MMS is a national database system that has services via website, text message and call centre. Also, it records and stores all permissions with an electronic signature and time stamp securely.
Who Should Register to the MMS?
As stated by the Regulation on Commercial Communication and Commercial Electronic Messages, MMS provisions entered into force as of 01/09/2020. According to the Article 5/2 of the Regulation, natural and legal persons who want to send commercial electronic messages are obliged to register on the MMS. Besides, in accordance with Article 5/3 commercial electronic messages cannot be sent to recipients who do not have the approval on the MMS.
How to Register to the MMS?
In order to register to the MMS, the necessary information and documents with the system and application form should be provided via www.iys.org.tr. When the information and documents provided at the application stage are checked and verified, the account will be available. The people who have Mersis record and authorized accordingly can make an application to the MMS.
The required documents for registration to the MMS are listed below;
The Service Provider's Mersis number and the registration documents of the brands which the Service Provider send commercial electronic messages through,
Electronically signed MMS the Use of Fundamental Services Agreement which contains procedures of the registration of the Service Provider, control of the approval and rejection stages of the buyers through the system and the general use of the system,
The authorized signatory’s T.C. identification number, mobile phone number, e-mail address (used for corporate reasons). In case of joint representation, at least one more officer’s signature to the first official document,
In addition to this information and documents, contact address information of approved and registered electronic devices owned by the company on the scope of the brand is required.
Some updates have been made by an announcement on the website of the Ministry of Commerce on December 31 2020. By the authorization provided by the Regulation, the deadline for submitting approvals for service providers with more than one hundred and fifty thousand commercial electronic message approvals expired on 31.12.2020, and the deadline for checking the approvals registered in the MMS for these approvals is 15.2.2021; for service providers with commercial electronic message approvals of one hundred and fifty thousand or less, the deadline for uploading approvals has been postponed to 31.5.2021, and the deadline for buyers to check the approvals registered in the MMS for these approvals is postponed to 15.7.2021.
As of January 7, 2021, the MMS is available for the use of citizens. In case the right of refusal is not used within the periods specified above, the data transferred to the MMS by the service provider will be deemed approved.
Approvals to be uploaded to the MMS contains data such as contact address (Phone number/e-mail address), permission date, communication channel (call, message, e-mail), source of permission (original signature form, website). Apart from these, any personal data such as the recipient's name, surname, TC. No is requested and stored through MMS.
According to the relevant laws, taking the consent of the recipient before sending commercial electronic messages by the service provider is required. In accordance with the new regulation, approvals are received in a physical environment electronically with an original signature. However, approvals can be received through the MMS. Otherwise, the burden of proof belongs to the service provider and the approval must be uploaded to the MMS in 3 (three) business days. Otherwise, the approval will be deemed invalid.
Also, it is not mandatory to transfer the rejection records to the system and contact addresses that are not found in the system will be considered as rejection.
The approvals can be taken through the call centre, SMS number or short link within the scope of the value-added services presented by İleti Yönetim A.Ş. However, value-added service must be purchased from İleti Yönetim A.Ş. in order to take this approval. All service providers and brands registered in the system will be given individual numbers and service providers will be able to manage their approval and rejection notifications through these numbers.
According to the regulation, approval is not required for every message. Exceptions that are not required approval for commercial electronic messages are as follows;
In case the recipient provides contact information in order to contact him, electronic messages that related to the changes, use and maintenance of the goods or services.
Messages containing notifications of updates related to the collection, debt reminder, information with ongoing subscription, membership or partnership status, purchases and deliveries, or similar events.
According to the legislation, there is no need for an approval check over the MMS before about the commercial electronic messages sent by companies engaged in intermediation activities on the capital market to their customers for information purposes.
Notification of Refusal
As stated in the regulation; buyer may refuse to receive commercial electronic messages without giving any justification. By using their refusal rights, buyers have the option of removing the consent they provided before.
The service provider allocates an accessible contact address such as the text message number, a URL that is specific to the notification in commercial electronic message in order to allow the buyer to notify the rejection. Regarding the communication channel, the commercial electronic message was sent, the rejection notification is provided easily and free of charge through the same communication channel. The refusal notification option is included in every commercial electronic message. Buyers may use their exit rights through the call centre, text message number and via a short link in the scope of value-added services of the MMS.
Exercising the right of refusal by the buyer does not constitute an obstacle to sending notifications that must be sent to the recipient according to the relevant legislation which also applied to the service provider.
The service provider should report the rejection notification sent by the buyer to the MMS within 3 (three) business days. The service provider must be notified instantly or within 3 (three) business days at latest about the refusal right used over the MMS and the information regarding the suspension and exercise of the right of refusal.
Prior approval is not required for commercial electronic messages sent to the electronic contact addresses of buyers who are merchants or tradesmen. However, in case a tradesman exercises his right to refuse commercial electronic messages, they cannot be sent without their approval.
Notification of Complaint
In case buyers receive messages even though they refused to receive from the service provider, they will be able to use their complaint rights through the MMS. According to Article 14 of the Regulation, all notifications of complaints can be sent through e-Devlet, the website of the Ministry of Commerce and the directorate of the province where the complainant's or now through the MMS.
If the complainant is a natural person, his name and surname, signature and address of residence, is required. If it is a legal person, its title and the address and the name, surname and signature of the person authorized to represent or attorney must be included in the application.
In accordance with the regulation article 15/2; “Applications are subject to preliminary examination through MMS. After the preliminary examination, information and documents related to the subject will be provided by the provincial directorate and the process will be concluded. If necessary, on-site inspection will be made by the personnel assigned for inspection by the directorate.”
Personal Data Protection
A service provider is responsible for the transactions and services provided by him and intermediary service, protection of the data and prevention of illegal access and process of the data. In order to process, use for other purposes and share the data with third parties within the framework of Law No. 6563, prior approval must be obtained.
Sanctions for the Absence of the Registration in the MMS
The people who want to send commercial electronic messages in accordance with the regulation have to register to the MMS. A special sanction related to the MMS system is not regulated in the Regulation. In addition, the approvals taken by the service providers who do not register to MMS will not be valid anymore. Therefore such messages will be considered as sent without approval.
In accordance with the E-Commerce Law;
Sending commercial messages to recipients without their prior consent or sending the commercial message from the recipient has a fine of up to 9.515 Turkish Liras (In case of sending an illegal message to multiple persons at once, this penalty is increased up to ten times);
In case of failure to comply with the refusal notification, administrative fines that up to 28.546 Turkish Liras will be applied to service providers and intermediary service providers. Administrative fines are paid within one month from the date of notification.