Number: 9

Date: 16/03/2018

Title:Notification Law, Enforcement and Bankruptcy Law have been amended within the scope of the legislation for personal data protection.

The Law Requiring Amendments to the Enforcement and Bankruptcy Law and Certain Laws no.7101 (“Law”) containing the amendments to Postal Services Law no.6475 and Notification Law no.7201 has been enacted following its publication in the Official Gazette dated 15.03.2018.  

The concerning articles imposing responsibility on the PTT for the protection of personal data are provided below:

Article 48 – Notification Law’s article 7/A has been amended as below:

“ARTICLE 7/A – Delivering the notifications electronically to natural and legal persons indicated below is mandatory:

1. Public administrations existing in the columns (I), (II), (III) and (IV) attached to the Public Finance Management and Control Law no.5018 dated 10/12/2003 and circulating capital enterprises affiliated with them.

2. Local administrations defined within the Law no.5018.

3. Other public institutions established with special law, funds and bail funds gathered through law.

4. State Economic Enterprises and affiliates, establishments and operations of them.

5. Other partnerships with over 50 % of its capital under state control.

6. Occupational organizations and supreme boards in nature of a public institution.

7. All public legal entities including the ones established by law.

8. Notaries.

9. Lawyers registered to the bar association’s data system.

10. Registered intermediators and experts.

11. The unit that the people authorized to represent administrations, state economic enterprises or other partnerships with public interest over 50 % against administrative, judiciary authorities in the presence of enforcement offices or arbitrators as a proxy are dependent. 

The address of the electronic notification will be given to the real and legal persons who are outside the scope of the first paragraph. In this case it is obligatory to notify them by electronic means.

If electronic notification is not possible for a compulsory reason according to the provisions of the first and second paragraphs, it will be notified by other procedures specified in this Law.

Notification by electronic means is deemed to have been made at the end of the fifth day following the date on which it reached the accepter’s electronic address.

Notification by electronic means is deemed to have been made at the end of the fifth day following the date on which the accepter reached the electronic address.

Electronic notifications made pursuant to this Law will be executed through the National Electronic Notification System established and operated by Post and Telegraph Organization Inc. The Post and Telegraph Organization will take all necessary measures to ensure the security of the system and the safekeeping of data stored in this system.

The procedures and principles regarding the implementation of this substance will be determined by regulation.

Article 49 – The supplementary article provided below has been added to the Law no.7201.

The creation of electronic notification address:

SUPPLEMENTARY ARTICLE 2 – The address of electronic notification will be created by Post and Telegraph Organization Incorporation Company in such a way that the identity number for each real person covered by Article 7 / a and for the legal person will be only one, based on the system number they are subject to and recorded in the system.

Institutions, organizations or associations and real or legal persons will be subject to the requirement of electronic notification in accordance with Article 7/a of the real or legal persons, or in case of necessity of electronic notification about them, the necessary notifications will be made within one month by the related institution, organization or union and within one month following notification Mail and Telegraph Organization Inc. takes necessary action.

“The relevant institutions, associations or associations will send the requested information and documents to the Post and Telegraph Organization Inc.”.

ARTICLE 64 – The following wording has been inserted into the first clause within Article 22 of Postal Services Act dated 9 May 2011 no.6475 to follow the phrase “concerning activities”: As per the contract endorsed through the Law on the Approval of the Contract for the Removal of the Obligation to Obtain the Official Documents dated 20.06.1984 no.3028, mediation procedures for the delivery of documents furnished with apostille by the authorized bodies according to the contract electronically provided that the personal data are protected”.  

Articles 48, 49 and 64 of the Law provided above will be enacted as of 01.01.2019.

Our explanations provided above include general information on the issue. No responsibility can be claimed against EY and/or Kuzey YMM ve Bağımsız Denetim A.Ş. due to the implications arising from the context of this document or emerging with respect to its context.

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