With the Directive on Amendment on the Commercial Communication and Commercial Electronic Messages published in the Official Gazette No. 31227 dated 28.08.2020, Article 2 of the Directive on Commercial Communication and Commercial Electronic Messages ("E-Commercial Directive" or "Directive") has been changed, according to this change the deadline for transferring the received confirmations to the Message Management System ("IYS") has been extended until 1.12.2020. What is IYS? Who are subject to the Law? What should responsible parties do until the deadline?

In this article, we will explain the basic principles of commercial communication to be established with electronic messages within the framework of the current regulations and IYS.

What is Electronic Commercial Message, In Which Situations Do E-Message Legislation Apply?

Electronic commercial messages are regulated under the Electronic Commerce Law ("E-Commerce Law" or "Law"), Directive and relevant legislation.

The Directive covers the commercial communication established by means of electronic communication for the purpose of promoting service provider's goods, services or business, for marketing purposes or for the purpose of doing them on behalf of someone else. However, some transactions subject to private sectoral regulations are exempted from the Directive. These are:

Law on the Amendment of Some Laws with the Law on Reducing the Effects of New Coronavirus (Covid-19) Epidemic on Economic and Social Life, which includes articles on reducing the effects of Covid-19 epidemic to economic and social life and amendments to be made in some laws have entered into force, having been published in the Official Gazette dated 17.04.2020 and numbered 31102.

Law No. 7244 includes postponing, not taking or restructuring receivables, extending certain periods regulated by law, innovations brought to business life by the Labour Law and other related regulations and many more.

You can find the regulations in the law below:

ARTICLE 1 - Postponement, not taking or restructuring of some receivables

Due to force major caused by the Covid-19 outbreak, it has been ensured that;

As is known, the default interest rate announced every January by the T.R. Central Bank has been applied in case there is no default interest rate is determined in a contract or related clause is invalid regarding the good or service supply, according to the clause 7 of the Art. 1530 of the Turkish Commercial Code.

Daily Indemnity

The terms Travel Allowance and Daily Indemnity are usually mixed in our legislation. There are significant differences between them, besides, it is known that the social security premiums are deducted from the travel allowance whereas the daily indemnities are not questioned in social security premiums. Please see below the related articles of Mr.Resul Kurt and  Mr.Mehmet Maç.

As it can be referred from being involved in the 24th article about the indiscriminatenesses of the social security commission, mainly the daily indemnities are not an allowance for the employees but an expense for business. However, on the condition that the indemnities are paid as a lump sum under the name of daily indemnity rather than promoted real travel expenses and that they are economized by the employee, they can be considered as benefit and allowance. The amounts that exceed the legal limits are subject to the taxed wage payment.