Continuously sending unauthorized messages to a person's e-mail or mobile phone or opening a membership is a violation of KVKK and Law No. 6563.
Relevant Legislation
- Electronic Commerce Law No. 6563 Art. 6: Commercial message approval is required
- KVKK Art.5-7: Explicit consent/legitimate interest
- TCK Article 135-136: Processing of personal data
- TCK Article 123: Disturbing the peace and tranquility of persons
Rights of the Victim
- Notification of "rejection" to the sending company (KVKK Article 11)
- Checking the approval/rejection status from the IYS system
- Complaint to the Ministry of Commerce (Law No. 6563)
- Complaint to the KVKK Board
- Criminal complaint to the Public Prosecutor's Office (TCK art. 135-136)
- Suit for non-pecuniary damage
Administrative Fines
- First warning or 1,000-5,000 TL (each message)
- If sent in bulk 5,000-10,000 TL
- KVKK additional sanction: high
Opening a fake membership
A person who opens a fake membership in someone's name commits the crime of TCK Article 245/2 of taking action on behalf of someone else. The platform that opens the membership also bears liability within the scope of KVKK.
Supreme Court HGK
HGK accepts that non-pecuniary damages can be awarded to the person who constantly sends spam when it is "continuous" and "systemic".
IT and KVKK lawyer is recommended.