The Act on the Regulation of Electronic Commerce
("Act") numbered 6563 has been published in the
Official Gazette numbered 29166 on 05.11.2014. The Act which will
enter into force on 01.05.2015, mainly regulates the commercial
communication, liabilities of service providers, agreements made by
electronic means and obligations to provide information regarding
The Service Provider is described as "the real or legal
persons engaging in electronic commerce activity" in the
The Obligation to Provide Information
The Service Provider should present below-mentioned information
prior to entering into an agreement by electronic means:
i. up-to-date introductory information of the Service
ii. technical steps for drawing up the agreement,
iii. whether or not the concluded contract will be preserved by
the Service Provider and whether it will be accessible by the
iv. the information of the technical means related to the
determination and correction of the errors in data entry,
v. the privacy rules and information in relation to alternative
dispute resolution methods.
The Service Provider should also enable the recipient to
preserve the general terms and conditions.
Placing an Order
The Service Provider should procure the terms of the contract
and total price to be paid to the recipient prior to placing the
order. The Service Provider should further acknowledge that the
order of the recipient is received without undue delay by
electronic means and submit the appropriate, effective and
accessible technical means to the recipient in order to identify
and correct input errors prior to placing the order.
In the commercial communication, the information of the real or
legal persons on whose behalf the commercial communication is made
should be presented.
Any promotional offer such as discount or gift should be clearly
identified. The conditions of utilization of such promotions should
be accessible and such conditions should be clear
Commercial electronic communications can be sent on condition
that consent of the recipients is provided prior to the
communication. The consent can be received in written or by all
kind of electronic means. The recipients can refuse to receive
commercial electronic communications at any time and without any
Protection of Personal Data
Service Provider is responsible for the preservation and
protection of personal data and cannot disclose the same to third
parties without the consent of related person.
The Act sets forth certain obligations and Service Providers can
be exposed to administrative fines varying between 1.000 TL and
15.000 TL (Turkish Lira) in case of the breach of such obligations.
Some fines can be applied by increasing the same ten times in case
of multiple breaches.
Authority of the Ministry
The Ministry of Customs and Trade is authorized to take all kind
of precautions and to conduct inspections related to the
implementation of this Act and the improvement of electronic
The inspectors assigned by the Ministry, is authorized to demand
all kind of information, documents and books, to examine the same
and to get information in written or oral within the scope of this
Act and the related persons is obliged to give demanded
information, documents and books and electronic records, to fulfill
the information demands.
The Regulations regarding the implementation of the Act shall be
prepared by the Ministry of Customs and Trade by receiving the
opinions of the Ministry of Justice, Ministry of Finance, Ministry
of Transportation, Maritime Affairs and Communications, Ministry of
Economy along with the Information and Communication Technologies
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On 16 December 2016, the Council of the European Union announced agreement on its negotiating stance in relation to the proposed regulation amending the European Venture Capital Funds ("EuVECA") Regulation ...
With a view to promote corporate transparency and prevent misuse of corporate vehicles for illicit purposes such as corruption, tax evasion, money laundering, the Financial Action Task Force ("FATF")...
Jurisdictions around the world (including in the United States, France, Germany and Holland) generally recognise, to some extent, the principle that contracting parties...
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).