TÜRKIYE Law and Practice Contributed by: Bora Yazıcıoğlu, Yağız Soymen, İbrahim Yıldırım and Ezgi Girenay, YAZICIOGLU Legal
• the duration of cookies is reasonable, and personal data collected is not transmitted to third parties. In this scenario, personal data collected through cook - ies should not be used to track users across multiple sites or devices. Non-essential cookies are subject to strict opt-in requirements. Organisations must seek explicit con - sent before using cookies and SDKs for advertising, marketing, or performance-tracking purposes. In con - trast, necessary cookies follow an opt-out paradigm, which means they can be used without agreement as long as clear information is provided and an opt-out option is accessible for the users. 4.2 Personalised Advertising and Other Online Marketing Practices Online Marketing Online marketing is mainly governed by the Law on Regulation of Electronic Commerce, the By-law on Commercial Communication and Commercial Elec - tronic Messages (together “E-Commerce Legisla - tion”), and the DP Law. According to the E-Commerce Legislation, prior approval from recipients must be obtained before making calls or sending SMS or emails for marketing purposes (marketing communications). This approval is a specific authorisation for sending marketing com - munications and is distinct from the explicit consent required under the DP Law for processing personal data for marketing purposes. Although the Ministry of Commerce, which oversees compliance with the E-Commerce Legislation, does not consider push notifications as marketing communications, the DPA requires data subjects’ explicit consent to send push notifications. The Ministry of Trade has decided that enabling push notifications on a phone does not by itself constitute consent for marketing messages and that users must be given the option to receive only informational notifications. The E-Commerce Legislation provides an exemption for marketing communications sent to tradespeople or craftspeople in the business-to-business (B2B) con - text, where their approval is not required, but they must be given the option to opt out.
Marketing communications must include the sender’s precise identification information, as well as an option to opt out. All senders of marketing communications are required to register with the Message Management System (MMS) and upload information regarding the approv - als and withdrawals for this purpose. MMS is an online platform where recipients can manage their approvals for receiving marketing communications and opt out if desired. Any approval or withdrawal received by the sender must be uploaded to the MMS within three Turkish law does not have specific provisions for behavioural and targeted advertising. Therefore, these activities are subject to general provisions of the DP Law. In line with the DPA’s general approach to this matter, in principle, prior explicit consent from data subjects is required for behavioural or targeted adver - tising. That being said, as far as it is known, the DPA has ruled in an unpublished decision that, in specific cases, controllers may rely on legitimate interest for behavioural or targeted advertising. However, as the details of this decision have not been published, the DPA’s rationale behind this decision remains unclear. Unlike the Digital Services Act, Turkish law does not include specific restrictions on the profiling of minors for online advertising. Nevertheless, as mentioned in 1.9 Enforcement Trends , the online protection of minors is a trending topic for the DPA, and additional obligations in this area may be expected in the future. 4.3 Employment Privacy Law Employment privacy is not governed by a specific, standalone regulation in Turkish law. However, some provisions related to employment privacy are included in diverse laws, such as: business days of receipt. Personalised Advertising • the TCO provides that an employer may use an employee’s personal data only to the extent neces - sary for the employee’s employability or the perfor - mance of the employment contract;
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