The digitization of shopping with advanced technology brings about amendments in the Personal Data Protection Law. Recently, significant regulations have been introduced by the Personal Data Protection Board regarding SMS verification codes sent to individuals during shopping at stores and commercial messages.
Explicit Consent and Obligation to Inform:
Article 5 of the law states that personal data cannot be processed without the explicit consent of the relevant individual, and Article 3 defines explicit consent as consent based on information on a specific subject, relying on informed consent, and declared with free will. According to this definition, obtaining explicit consent requires focusing on a specific subject and ensuring that the individual is fully informed on that subject.
The Personal Data Protection Board emphasized the need for a layered disclosure with a clear explanation of the purpose of SMS verification codes sent during shopping at stores and the consequences of using these codes at the initial stage when obtaining explicit consent. Additionally, it was stated that obtaining explicit consent for different processes such as payment transactions and commercial messages should no longer be consolidated into a single action, and these processes should be carried out separately with explicit consent.
In this context, a call was made for the fulfillment of the explicit consent acquisition process and the obligation to inform regarding SMS verification codes sent during shopping. In cases where explicit consent is obtained for sending commercial messages, particular attention was drawn to ensuring that the consent covers the elements specified by the Law. Emphasis was placed on the importance of requesting explicit consent for the processing of personal data for sending commercial messages before the completion of the shopping.
These regulations are considered significant steps in terms of protecting personal data and ensuring that users give consent consciously. This way, the privacy rights of consumers will be more effectively safeguarded.
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