The Electronic Notification Regulation (“Regulation”) has been published in the Official Gazette on 6 December 2018, with an effective date of 1 January 2019. The Regulation aims to regulate the procedures applicable to and the delivery of electronic notifications (e-tebligat) with an aim to ensure information security and quality of service in line with national and international standards, and to protect personal data. With this purpose, the Regulation authorizes the National Post and Telegraph Directorate of Turkey (“PTT”) to establish the relevant system, namely National Electronic Notification System (“UETS”).
To whom is it obligatory to make e-notifications?
The Regulation requires that the notifications to be made to the following addressees shall be in the form of electronic notifications:
Public administrations and circulating capital enterprises (i.e. circulating capital refers to the funds being constantly used to pay for core business operations, which are any activities involved in the creation of goods and services) affiliated with these public administrations;
Local administrations (mahalli idare);
Other public institutions and organisations established by special laws and funds and surety funds established by law;
State economic enterprises and their affiliated companies, enterprises and institutions;
Partnerships in which more than fifty percent (50%) of the capital is publicly owned;
Professional organisations with public institution status and their supervisory authorities;
All private legal persons, including those established by law;
Attorneys registered with the relevant bar;
Intermediators and experts registered with the relevant registries; and
Persons authorised to represent state economic enterprises and partnerships in which the public owns more than fifty percent (50%) of their capital before judicial and administrative judicial authorities, enforcement offices and arbitrators.
The Application Process
1. Persons required to have an electronic notification address
The entities listed above must apply to the PTT within one (1) month from the effective date of the Regulation, namely 1 January 2019, along with the relevant information and documentation as detailed under the Regulation, such as their Central Registration System (MERSİS) numbers (in the case of legal persons), or other information for due identification purposes.
2. Voluntary e-notification address
The Regulation also makes it possible for persons not falling under the scope of the Regulation to also apply with the PTT in order to receive electronic notification addresses. The application would again need to be accompanied by the relevant information and documentation as further detailed under the Regulation.
In order to ensure privacy and prevent third parties from accessing the relevant notification, the content and attachments thereof shall be encrypted by the UETS. PTT shall take all necessary measures to ensure system security, be solely responsible for preserving the related data and to destroy any data that is no longer subject to the preservation obligation.
The electronic notification shall be deemed delivered at the end of the fifth (5th) day following the dispatch of the e-notification to the addressee and the system shall automatically inform the addressee via e-mail or SMS upon receipt of an electronic notification.
The confirmation records regarding the delivery of electronic notifications shall be maintained by the UETS and be considered as conclusive evidence (kesin delil) in case of a dispute, unless proved otherwise.
Following this Regulation, e-notifications will become significant in commercial life more than ever, due to the fact that they will be considered as conclusive evidence, in the same way as notarized letters of claim. The effects and practicality of e-notification within the commercial life are yet to be discovered, however it is in any event suggestible for also private entities to take the necessary actions and obtain e-notification addresses in a timely manner.