Update (07/11/2018): In parallel with our
previous interpretation indicated under this client alert, the Data
Protection Board has corrected a sentence in its decision dated
16/10/2018 and no. 2018/119, clarifying that the processing of
personal data within the context of advertisement communications
should be based on either explicit consent
or one of the other processing grounds
available under the Data Protection Law. The previous version of
the decision implied that both explicit consent and other
processing grounds might be collectively required to be present.
The correction was published in the Official Gazette dated 7
November 2018 and no. 30588.
Data Protection Board ("DPB") with
its resolution 2018/119 dated 16/10/2018 published in the Official
Gazette on 1/11/20181, resolved that transmissions of
advertisement messages to e-mail addresses and mobile phones of the
data subjects via e-mail messages, SMS or calls by data controllers
and such activities of the
