Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.
December 2021 – On 17 December 2021, the Turkish Data Protection Authority (the “Authority“) issued a public announcement regarding the explicit consents collected by shop stores via verification codes sent by SMS to customers' telephone numbers. As many shop stores obtain the explicit consent of their customers while they are standing in the queue at the shop store by stating that the verification code is necessary for the payment process, the Authority felt compelled to make a public announcement regarding such misleading data processing activities.
In its announcement the Authority outlined how at some shop stores, an authorised person will request the verification code sent to customers by SMS, and then store begins to send commercial electronic messages based on the consent provided via the verification code. The Authority evaluates such misleading behaviour in its announcement and underlines the obligation to inform data controllers of the requirements of explicit consent.
Requirements of explicit consent
In particular, in its announcement the Authority highlights the requirements of explicit consent, stating that explicit consent must be (i) related to a specified subject, (ii) based on information provided, and (iii) declared by free will. In the event that a data subject provides explicit consent for several categories, the explicit consent must also relate to the different aspects of data processing (which data category is processed for which purposes, etc.).
In addition, the Authority states that data subjects must be informed of the implications of providing their consent. The Authority also indicated that deceptive behaviour that leads to consent is invalid, as such behaviour impairs the free will of data subjects. In addition, the Authority states that explicit consent must not be bundled together as a condition of services.
What do shop stores need to do to be in compliance?
In its announcement, the Authority concluded that:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
© Mondaq® Ltd 1994 – 2022. All Rights Reserved.
Forgot your password?
Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms
Articles tailored to your interests and optional alerts about important changes
Receive priority invitations to relevant webinars and events
You’ll only need to do it once, and readership information is just for authors and is never sold to third parties.
We need this to enable us to match you with other users from the same organisation. It is also part of the information that we share to our content providers (“Contributors”) who contribute Content for free for your use.