12/05/2023

The Regulation concerning Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (ETHS) in Turkey

ETHS

A regulation (ETHS) regarding electronic commerce intermediary service providers and electronic commerce service providers has been published in the Official Gazette with the number 32058 and dated December 29, 2022. This Regulation covers audits of electronic commerce intermediary service providers and electronic commerce service providers, as well as commercial relations between them.

The Regulation requires electronic commerce service providers (ETHS) and electronic commerce intermediary service providers (ETAHS) to provide specific communication information within their electronic commerce environment. ETHS and ETAHS are also obligated to provide technical tools such as separate categories for the sale of second-hand items, information related to price, delivery, and tax costs before payment information is entered, and a “return” option with a summary order form before the order is approved.

Unless otherwise provided by other laws, ETAHS shall not be responsible for any illegal content provided by ETHS. However, ETAHS must remove any illegal content within 48 hours and notify ETHS and relevant public institutions and organizations if it becomes aware of such content.

Unfair commercial practices are prohibited in electronic commerce, and specific situations that will be considered unfair commercial practices are listed in the Regulation. Such practices include the payment for goods or services being made to ETHS, not ETAHS, within five business days of receipt of the order by the buyer. ETHS should not be forced to sell campaign goods or services, and there should not be retrospective or unilateral changes to the provisions of the intermediary agreement to the detriment of ETHS. ETAHS must not make false or misleading statements or notifications about ETHS’s products and activities.

The Regulation requires complaints about intellectual property rights infringement to be made to ETAHS through a notary public or KEP. The complaint must include registration certificates, bandrol forms, or activity certificates, information about the complainant, legislative intention, evidence, website information where the product subject to the complaint is shown, and a statement regarding the applicant’s liability for the damages that may occur if they share false information and documents in the complaint application.

The article on the Internal Communication System will be enforced on July 1, 2023, the articles on Data Use and Sharing and Electronic Commerce Volume will be enforced on January 1, 2024, and the other articles will be enforced on January 1, 2023.

For further details or inquiries, please contact your customer representative. You can access the related Official Gazette in Turkish here.