What is a Registered Email Address (KEP)? Compliance Requirements and Use Cases

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What is a Registered Email Address (KEP)? Compliance Requirements and Use Cases

When a court document, cease and desist letter, or official notification is delivered to your company and you need to prove when and to whom it was delivered, this process is no longer handled on paper but digitally. This is exactly where KEP (Registered Electronic Mail) comes into play. It is both a legal requirement and a practical system that secures your commercial correspondence. So, how exactly does this system work, who is required to obtain it, and what happens if you neglect it? Let's explain it all step-by-step.

🚀 Quick Glance

  • KEP is an email with legal value: It securely logs sending, receiving, content, and time information in an unalterable way; it can be used as evidence in court.

  • Mandatory for capital companies: Joint-stock, limited, and partnerships limited by shares must have a KEP account suitable for electronic notification.

  • Use cases are not limited to notifications: From contract termination to cease and desist letters, and default notices to commercial correspondence, it is used as an official tool under the Turkish Commercial Code (TCC).

  • Neglect carries penalties: Obligatory entities that do not obtain a KEP address or set up the e-Notification infrastructure face administrative fines.

What is a KEP Address?

Simply put, Registered Electronic Mail (KEP) is the official and legal version of standard email.

The fundamental difference is that all process steps—such as when the message was sent, when it was delivered, or whether it was received—are automatically documented by the system. Since these logs hold legal evidentiary weight, claims in any potential dispute such as "I sent the email but it didn't arrive" or "I didn't receive such an email" are completely rendered invalid. This is because every step of the process is officially logged.

As for privacy, you can rest assured; the system definitely does not interfere with the content of your messages. KEP service providers cannot read, copy, or store your sent items. If needed, you can also purchase a secure archiving service, but this is entirely at your discretion.

Who is Required to Use KEP?

The requirement to use Registered Electronic Mail (KEP) applies to four main groups determined by law. Under legal regulations, the primary groups obligated to obtain a KEP address are as follows:

  1. Capital Companies

    Joint-stock, limited, and partnerships limited by shares lead this list. Pursuant to the Notification Law, since official notifications must be made electronically, it is mandatory for these companies to have a KEP address.

  2. Institutions and Professional Groups Under MASAK

    In addition to banks, insurance, and portfolio management companies, notaries, lawyers, financial advisors, and even sports clubs are included in this mandate.

  3. Public Institutions

    All public institutions and professional organizations that qualify as public institutions must conduct their official correspondence and notifications via KEP. Institutions using the e-Correspondence infrastructure must set up systems capable of receiving official documents sent to them via KEP.

  4. Natural Persons and Sole Proprietorships

    For individual users and other businesses not covered by the mandate, KEP is entirely optional. Anyone who needs one can open a KEP address in their name; however, the only rule here is that individual KEP accounts can only be used by the account owner.

If your company has joint-stock or limited status, KEP is not a "nice-to-have" here, but a direct legal requirement. If you haven't sorted it out yet, we recommend prioritizing this with your financial advisor.

Where is KEP Used?

It would be incomplete to view KEP solely as "a system used when court documents arrive." In fact, it is deeply embedded in daily commercial operations:

  • Electronic notification: In the official, verifiable delivery of court documents, tax correspondence, and administrative notifications.

  • Notifications under the TCC: According to Article 18, paragraph 3 of the TCC, default notices, contract terminations, and rescission notices between merchants can be carried out via KEP along with notaries, registered mail, or secure electronic signatures.

  • Commercial correspondence: Statements, instructions, contracts, invoices, petitions, declarations, payment orders... The list is long, and each can be securely transmitted via KEP.

  • Tenders and official processes: It is also preferred for the secure transmission and proof of legal documents such as tender processes and contracts.

How to Get a KEP Address?

1. Choose a service provider

Simply apply to one of the providers authorized by the BTK (Information and Communication Technologies Authority). Three main names stand out in Turkey:

  • PTT KEP — the industry's first authorized provider

  • TNB KEP — the technology arm of the Union of Notaries of Turkey

  • TÜRKKEP — one of the authorized providers in the private sector

2. Submit your application

For natural persons, the application must be made in person. For companies, the authorized representative must apply in person—meaning it is not possible to fully delegate this task to an outsider.

3. Consider the costs 

Using KEP is not a free service; there are initial application, annual usage, and periodic renewal fees. Pricing policies can vary depending on the service provider and whether the user is an individual or corporate. Therefore, it is beneficial to compare the current pricing tariffs of providers before applying.

Penalties for Non-Compliance

This is the most critical dimension of the matter. Serious sanctions apply to obligated entities that do not obtain a KEP address required for e-Notification or do not set up the necessary infrastructure. Administrative fines can be imposed on institutions found to have not set up the system at each instance of detection, and the annual total of these fines can reach quite high amounts.

The key point to note here is that the fine is issued "for each instance of detection." In other words, this is not a one-time fine to pay and close; as long as the deficiency is not corrected, the fine can multiply and reappear during every new inspection. Therefore, the KEP address should be viewed not just as a formality to get out of the way at launch, but as a legal responsibility that must be kept continuously active.

❓ Frequently Asked Questions

1. Is it mandatory for every company to get a KEP address?

No. This mandate applies only to joint-stock companies, limited companies, and partnerships limited by shares. Sole proprietorships are not covered by this scope, but they can still obtain KEP if they wish.

2. How much fine will I pay if I don't get KEP?

Those who do not fulfill their obligation can be fined 10,000 TL for each instance of detection, and this amount can reach up to 250,000 TL in total within the year.

3. What should I do if I want to close my KEP account?

Simply submit your request to your service provider's call center or website. Your account will be closed once identity verification is complete.

4. Is an e-signature required to use KEP?

No, if you will only remain a recipient, an e-signature is not mandatory. e-Signature is a separate identity verification system.

5. Can natural persons get a KEP address?

Yes, natural persons can obtain a KEP address just like companies—the only difference is that only they can use this account.

Author

Üstad