E-Commerce · Part 5
Campaign messages, emails and social media advertising are subject to distinct legal rules.
Campaign texts, email newsletters and social media advertisements are common ways for e-commerce businesses to reach customers. Each is governed by different rules, and violations can lead to administrative penalties.
This final article considers commercial messages, the İYS, cookies and marketing data, and advertising rules relevant to textile businesses.
01 · Commercial electronic messages and consent
Under Law No. 6563, messages sent electronically for commercial purposes through telephone, call centres, automated calls, SMS or email can constitute commercial electronic messages.
General rule: Prior recipient approval is normally required. Approval can be obtained in writing or through electronic means. A commercial message cannot be sent merely to request approval.
Exceptions: The regulations provide limited exceptions, including certain messages to merchants and tradespeople and transactional notifications about delivery, membership or performance. Merchants and tradespeople may reject marketing messages; after rejection, prior consent is needed to send them further commercial messages.
Opting out: Recipients can refuse commercial messages without giving a reason. Each message must provide an accessible, free opt-out mechanism through the same communication channel. Sending must stop within three business days of the refusal.
Message content: The sender’s identity and contact details must be clear; advertising or promotional content must be identifiable as such.
02 · The Message Management System (İYS)
Approvals and refusals are managed through the İYS, authorised by the Ministry of Trade.
Registration: Providers sending commercial electronic messages must register and record recipients’ permissions as required.
Transfer of approvals: Existing approvals must be transferred; approvals not registered in İYS are not considered valid under the applicable rules.
Refusals: Check the system before sending. Approvals and refusals communicated to the provider must be recorded in İYS within three business days.
Complaints: Recipients may complain through the commercial electronic message complaint system integrated with e-Devlet or submit a written complaint to the relevant provincial trade directorate.
Administrative fines: Article 12 of Law No. 6563 provides penalties for unlawful messages, subject to the circumstances and statutory rules. Amounts are updated annually.
03 · Cookies, marketing data and the KVKK
Consent to commercial messages and explicit consent under Turkey’s Personal Data Protection Law (KVKK) are distinct. Permission to send messages does not automatically authorise every form of marketing-data processing. Privacy notices and consent requests should be handled separately.
Cookies: Offer choices for non-essential analytics and marketing cookies, provide a cookie notice and an accessible preference panel, and follow the Personal Data Protection Authority’s guidance.
Retargeting and profiling: Behaviour-based advertising and profiling require appropriate disclosure and may require explicit consent depending on the legal basis and processing.
Marketing lists: Purchased email and telephone lists present serious risks regarding consent and lawful data processing.
04 · Misleading advertising and discounts
Article 61 onwards of Law No. 6502 and the Regulation on Commercial Advertising and Unfair Commercial Practices prohibit misleading advertising. The Ministry of Trade’s Advertising Board supervises compliance.
Misleading claims: Claims that mislead or may mislead consumers are prohibited; advertisers should be able to substantiate their claims.
Discounts and campaigns: Claims such as “50% off” or “three days left” must be accurate. The reference price must comply with the applicable discount-advertising rules.
Product characteristics: Claims such as “100% cotton”, “organic”, “sustainable” or “recycled” should be supportable, and labels and product pages should agree.
Comparative advertising: Comparisons involving competing brands or products are subject to conditions including accuracy and objectivity.
General information
This article provides general information based on Turkish law. The appropriate assessment depends on the facts; seek legal advice on a specific matter.
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Sources: Ministry of Trade: commercial electronic messages · Ministry of Trade: e-commerce FAQ
05 · Social media, influencer partnerships and checklist
Influencer partnerships are widely used by textile brands and are also subject to advertising law.
Disclose advertising: Paid or otherwise compensated posts should be clearly identifiable to consumers as advertising.
Written agreement: Specify content, usage rights, duration, approval, the accuracy of claims and allocation of responsibility.
Copyright and trademarks: Check rights to images, music and brands used.
Draws and competitions: Separate rules concerning games of chance, personal data and commercial messages may apply; review campaigns before launch.
Campaign checklist: Verify permission, İYS records, accurate advertising and product information, privacy notices and cookie compliance.
Two practical questions: may this message be sent to this recipient, and can the claims made in the advertisement be substantiated?