The Electronic Notification Regulation
The Electronic Notification Regulation, which has been published in the Official Gazette dated 6.12.2018, brings remarkable changes to our lives.
The Regulation regulates the principles and the procedure for the electronic notifications that will be made through the National Electronic Notification System (UETS), which is established, operated and secured by PTT. Authorities and institutions which are authorized to serve notifications, will prepare and deliver the notification to the UETS. UETS will timestamp and encrypt the notification and deliver the notification to the electronic notification address of the addressee.
One of the most important feature among the changes that The Regulation brings is regulated under Article 5. This article regulates that for which persons and institutions serving through electronic notification is mandatory. According to Article 5, Attorneys registered with the bar, notaries, all private legal entities, administrations, judicial and administrative authorities are the most important persons and institutions that are in the scope of this new regulation.
Above mentioned persons and institutions, should apply and obtain an electronic notification address from PTT. This application must be made within one month from the 01.01.2019, as it stated in Article 6.
However, this electronic notification address and the Registered Electronic Mail (KEP) address are separate addresses. Having an already obtained KEP address will not remove the obligation of obtaining the new electronic notification address.
Serving through electronic notification will become mandatory after 01.01.2019 for the above mentioned persons and institutions. This persons and institutions should apply for an electronic notification address to the PTT within 1 month from this date. Only official notifications will be sent via UETS, other notifications will continue to be sent through the existing KEP addresses.
According to Article 9, electronic notifications shall be deemed to have been made after the end of the fifth day of it’s delivery to the electronic notification address of the addressee.
If the drawer wants to be notified whether and when the electronic notification is delivered, they need to submit an e-mail address or mobile number to the PTT. Any failure or delay on the notification of deliveries does not affect mandatory electronic notification being deemed to have been made after the fifth day of its delivery to the electronic notification address of the addressee.
PTT keeps the records of the delivery information of electronic notifications; whether and when they were delivered. PTT is obliged to inform the serving party accordingly within 24 hours from delivery. These records qualify as conclusive evidence until otherwise is proven.
Currently there is no published tariff for the fees of the electronic notifications yet.
In order to avoid any loss of right, it is important for you to comply with the new regulation.
Muhtaranlar Attorneys Partnership
Att. Gökhan Muhtaranlar