Merchants don't have to opt in, but they can opt out#
Turkey's Regulation on Commercial Communication and Commercial Electronic Messages doesn't require prior consent for commercial electronic messages sent to merchants or tradespeople. If the recipient has used their right to opt out, though, you can't send them anything.
Consumers are different: they have to give consent before you send them commercial messages. If you can't tell whether an address belongs to a business, treat it as a consumer's.
İYS comes before sending#
Since a 2020 amendment, anyone sending messages to merchants and tradespeople must first register the addresses in İYS (Turkey's Message Management System) and check through İYS whether they've opted out. Any opt-out you receive directly must also be recorded in İYS within three working days.
Senders usually reach İYS through an authorised integrator rather than by hand. Check the status immediately before each send, not once when you build the list.
Personal data#
A generic company address such as info@ isn't treated the same way as one with a person's name in it. For sole proprietors, even business details can count as personal data. Decide why you're processing the data and for how long, and meet your duty to inform the people concerned.
Who counts as a merchant or tradesperson?#
Companies registered with a trade registry are merchants. Small shopkeepers and craftspeople registered as tradespeople (esnaf) are covered too. A clinic run as a company, a hotel or a car dealer is usually clear; a freelancer or a sole practitioner may not be. Keep a note of why you believe each recipient is a business, such as a tax number or trade registry entry on their website.
Practical checklist#
- A reasonable basis for believing the recipient is a merchant or tradesperson
- A generic company address wherever possible
- İYS registration and an opt-out check before sending
- Sender details and an easy opt-out in every email
- Anyone who opts out removed for good
- Opt-outs recorded in İYS within three working days
How Repmight handles Turkey#
Repmight runs the İYS checks through your own integrator account before each send, keeps a suppression list for every brand and adds sender details and a one-click unsubscribe to each email. These are tools; the legal decision stays with you as the sender.
FAQ
Do I need consent to email businesses in Turkey?
Not for merchants and tradespeople, but the address has to be registered in İYS and checked for an opt-out before you send. Consumers need to give consent first.
What is İYS?
İYS (İleti Yönetim Sistemi) is Turkey's central register of permissions and opt-outs for commercial messages by email, text message and phone.
How quickly must an opt-out be recorded in İYS?
Opt-outs you receive directly, for example by reply, have to be recorded in İYS within three working days.
Is a business email address personal data under KVKK?
A generic address such as info@ usually isn't. An address with a person's name in it is, and so can a sole proprietor's business details.
Sources
- Ticari İletişim ve Ticari Elektronik İletiler Hakkında Yönetmelik (original text, 15 July 2015) · Resmî Gazete (Official Gazette of Turkey)
- Law No. 6563 on the Regulation of Electronic Commerce · Mevzuat Bilgi Sistemi
- Law No. 6698 on the Protection of Personal Data (KVKK) · Mevzuat Bilgi Sistemi
This article is general information, not legal advice. Speak to a lawyer about your own situation.