The Law numbered 6563 on Regulation of Electronic Commerce (Law)
foreseen the procedures and principles of electronic commerce
(e-commerce) shall enter into force as of 01.05.2015.
"Electronic Commerce" means any kind of online
commercial and financial operations executed through the electronic
environment without physical existence of the parties.
The Law regulates the following details of e-commerce;
Commercial communication between the
sellers and purchasers,
Responsibilities of sales or service
suppliers (any real person or legal entities which operates in
e-commerce business) and intermediary service suppliers (real
person or legal entities provides the e-commerce environment for
the third parties operating in e-commerce business),
Agreements concluded via electronic
environment and sales or service supplier's obligation to
Sanctions against the breach of
The outstanding and new obligation foreseen by the Law is to
provide information to the purchasers. Sellers or Service supplier
are obliged to (1)provide updated and accessible introductory
information, (2)technical steps to be followed for conclusion of an
agreement, (3)information on whether the service supplier preserves
the agreement (or not), (4)whether the purchaser is allowed to
access to the agreement later (or not), (4)information on technical
means for easy and understandable determination and correction of
data entries, (5)information on confidentiality provisions and
(6)information on alternative dispute resolution mechanisms if
there exists, to the purchasers before the conclusion of the
agreement through electronic communication instruments.
Another major obligation which is newly foreseen by Law is
related with the orders of the purchasers received within the scope
of electronic commerce. The sales or service supplier has to
provide terms and conditions of the agreement explicitly including
the total price to be paid by the purchaser before providing
payment details and before the approval of the order. Furthermore,
the service supplier is obliged to confirm the acceptance of the
purchaser's order, without any delay and through the electronic
Further to the above explanations the Law foresees new
obligations regarding the content and delivery of commercial
electronic communication. The mentioned obligations are as
Service suppliers are allowed to send
electronic message to the purchasers provided that service
suppliers have been provided with the prior consent of the
The content of the commercial
electronic message must be in conformity with the approval of the
Introductory information and the
updated contact details of the service supplier as per the type of
the communication (such as telephone number, fax number, short
message number and e-mail account) must be provided within the
scope of the commercial electronic message,
The purchasers shall be allowed to
withdraw from being recipient of such commercial electronic
messages at any time without assertion of a reasonable cause,
The service supplier is obliged to
allow the purchaser to deliver their withdrawal through any kind of
electronic communication instruments which shall be free of charge
The service supplier is obliged to
cease sending electronic messages to the purchaser following the
delivery of the withdrawal request,
The approval of the purchaser can be provided either in written
form or through any kind of electronic communication instruments.
In case the purchaser provides his/her contact details for
communication purposes regarding a sale, no further approval is
required for (getting communication through these means in case of
) any alteration, use or maintenance of the purchased good or
Ministry of Customs and Trade is entitled to conduct any kind of
inspection and examination under the Law. Any person, who violates
the obligations under Law, shall be sentenced to administrative
penalties between one thousand Turkish Liras and fifteen thousand
Turkish Liras according to the type of their breaches.
As a consequence, we strongly advice the service suppliers to
change and update their databases in accordance with the
obligations foreseen by Law as of 01.05.2015 which is the
enforcement date of the Law.
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.
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