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to the system of the authorities that issued the notification. Thus, all
notifications, including electronic notifications made to the authorities,
will be made through PTT.
As seen in Notification Law No. 7201, the addressee has to submit
an electronic address which is suitable for electronic notification in order
to receive electronic notifications. The Regulation provides the use of
Registered Electronic Mail (“KEP”), which provides a safe means of
communication, legal validity in electronic media and is suitable for
electronic notification for usage of electronic messaging. The Regulation
allows addressees to get an electronic address from a mail service provider
that is authorized by the Information and Communications Technologies
Authority.
KEP is defined in the Regulation as a “qualified form of electronic
mail, which provides legal evidence regarding usage of electronic
messages including transfer and delivery”. KEP has been used in
European Union countries and other countries for a long time. Moreover,
an international standard of ETSI TS 102 640 was published by the
European Telecommunication Standards Institute (“ETSI”) in November
2008 which regulates the interoperability, definition of technical formats,
operation process of KEP, and usage of electronic signature and time
stamp. KEP, which is defined as a special correspondence infrastructure
of electronic communication that uses electronic mail infrastructure and
protocols based on ETSI TS 102 640 standard, provides valid and safe
transfer and delivery of information and documents, storage and legal
evidence in electronic media. The Regulation of Procedures and Principles
Regarding Registered Electronic Mail has been published in the Official
Gazette dated 25.08.2011 and numbered 28036. The Information and
Communications Technologies Authority, which has the authority to
audit pursuant to the Regulation and Law on Electronic Communication
No. 5809, is also authorized to audit all of the providers of electronic
notification services.
Practice and Conclusion
As mentioned above, it is mandatory to make notifications via
electronic means to the joint stock companies, limited liability companies,