Turkey: Provisions Introduced By The Law On The Regulation Of Electronic Commerce

Last Updated: 25 February 2015
Article by Selen Ozturk


The Law on the Regulation of Electronic Commerce numbered 6563 ("E-Commerce Law") was published in the Official Gazette dated 05.11.2014 and numbered 29166 and will enter into force on 01.05.2015. The E-Commerce Law carries importance specifically in Turkey, which occupies the 9th place among the developing markets with highest e-commerce potentials.1 The scope of the E-Commerce Law comprises of commercial communication, the liabilities of the service providers and the intermediary service providers, the agreements concluded by electronic means, the obligation to provide information on electronic commerce and the sanctions.

Ratio Legis of the E-Commerce Law

As indicated in the legislative justification of the E-Commerce Law, the previous legislation was falling short in regulating the terminology introduced by the developments of the information technology such as access, content provider and service provider. The E-Commerce Law is adopted in order to address this problem and hence to fill the relevant gap in our legal system. Moreover, the E-Commerce Law aims to achieve harmonization with the relevant European Union ("EU") legislation, namely the Directive 200/31/EC on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce, in the Internal Market ("Directive")2.

The Obligations of the Service Provider

Defined in Art. 2/1(ç) of the E-Commerce Law as "real or legal persons engaging in electronic commercial activities...", the service provider is obliged to provide certain information to the recipient before the conclusion of an agreement by electronic means pursuant to Art. 3/1. The relevant information are listed in the article as up-to-date and easily accessible introductory information of the service provider, technical steps necessary for the execution of the agreement, information on whether the executed agreement will be preserved by the service provider and whether it will be accessible by the recipient, the information regarding the technical tools for the determination and correction of the errors in data entry, the privacy rules and information in relation to alternative dispute resolution methods.

In accordance with this provision, the recipient is acquainted with the sales procedure before the agreement is executed and gives his/her decision accordingly. Therefore, the relevant obligation is an obligation which relates to the stage prior to the execution of the agreement. Moreover, Art. 3/3 of the E-Commerce Law stipulates that in case that the parties are not consumers, it is not obligatory to provide information on the trade association and the code of conduct of the service provider to the recipient. However in any case, the seller is under the obligation to enable the recipient to preserve the contractual provisions and general transaction terms. Thus, a unilateral amendment to the contractual terms by the seller is prevented and the review of the agreement by the recipient is enabled.

Regulations Concerning the Order

The Art. 4 entitled "Order" regulates the principles concerning the orders placed through electronic communication tools. The relevant article regulates order placing stage. Accordingly, the first obligation of the service provider is to ensure that the terms and conditions of the agreement, including the cost, is seen by the recipient prior to the entry of the payment information. Following this, the service provider shall send a confirmation through electronic means to the recipient without delay. Moreover, the service provider is obliged to provide necessary technical facilities to the recipient for the correction of the input errors. Pursuant to the legislative justification of the E-Commerce Law, the relevant obligation is an obligation to perform and not an obligation to inform/notify.

Regulations Concerning the Commercial Communication

The commercial communications are regulated under the Art. 6 of the E-Commerce Law. As per the said article, the electronic messages which include direct marketing or advertisement cannot be sent to the recipients through the use of automated calling systems without human intervention, facsimile machines (fax) or electronic mail without the prior written consent of the recipients. It should also be noted that the abovementioned provision is not applicable to consented electronic commercial communication databases established prior to the effective date of the E-Commerce Law.

Two systems are accepted worldwide for the supervision of the unsolicited e-mails. The first system is the "opt-in" system, which is also adopted by the E-Commerce Law. This system requires the prior consent of the recipient as a condition for the service providers to communicate with the recipients by electronic means. Accordingly, the service providers cannot send any fax, e-mail and text messages to the potential recipients without their prior consent. Furthermore, the Art. 7 of the E-Commerce Law stipulate that the content of the communication shall be in compliance with the consent provided.

The second system is called the "opt-out" system and it is a system accepted by the US and Far East countries3. According to this system, the recipient has the right to decline the electronic communication tools which are used. In other words, the service providers do not require the prior consent for the first e-mail; however the recipient may further prevent receipt of other e-mails at any time.

As far as Art. 8 of the E-Commerce Law is concerned, it is observed that the "opt-out" system is not completely rejected by the E-Commerce Law. In accordance with the said provision, the recipients may refuse to receive commercial electronic communications without any cause even though they have provided their consent beforehand. The same provision regulates the obligations of the service provider regarding the easy and accessible notification of refusal of further communication, inclusion of necessary information regarding the refusal notification in the communication and cessation of further communication within three days following the refusal notification. Additionally, the opt-out system is accepted as the principal system for the electronic commercial communication concluded with craftsmen and merchants pursuant to the Art. 6/1 of the E-Commerce Law.

Regulations Regarding the Protection of Personal Data

E-Commerce Law Art. 10 regulate the obligations of the service provider and intermediary service provider concerning the protection of personal data. Accordingly, the service providers and intermediary service providers are responsible for the preservation and protection of the personal information of the recipient, which are obtained due to the transactions concluded within the scope of E-Commerce Law. Moreover, they are not entitled to use such data for any other purposes and to disclose such data to any other third party without the consent of the recipient. This provision aims to harmonize the Turkish legislation with the Directive numbered 2002/58/EC.


The E-Commerce Law aims to define the terms such as service provider, electronic commercial communication and recipient, emerged especially after internet access became widespread and to regulate the relations between these terms in order to bring harmonization with the EU legislation. The law regulates the service provider's obligation to provide information and the content and exceptions of such obligation. In addition to this, the E-Commerce Law regulates the supervision of unsolicited e-mails and requires an approval system for the recipients who are not craftsmen or merchants prior to the sending of the communications, which constitute a problem for the internet users on a daily basis. Regulation of the e-commerce which is expected to develop even further in the future has a vital importance since it ensures the formation and strengthening of trust between the service providers and the recipients.


1 Afra, Sina. Dijital Pazarın Ortak Noktası E-Ticaret: Dünya'da Türkiye'nin Yeri, Mevcut Durum ve Geleceğe Yönelik Adımlar, TÜSİAD Publishing, June 2014, p. 35. http://www.tusiad.org.tr/__rsc/shared/file/eTicaretRaporu-062014.pdf (Date of last access: 20.01.2015)

2 Directive 200/31/EG on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32000L0031&from=DE (Date of last access: 20.01.2015).

3 Legislative Justification of Law numbered 6563, p. 7.

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.

Similar Articles
Relevancy Powered by MondaqAI
Kolcuoglu Demirkan Kocakli Attorneys at Law
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”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Kolcuoglu Demirkan Kocakli Attorneys at Law
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
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).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions