Law Regulating Electronic Commerce (“Law”) was published in the Turkish Official Gazette today (5 November 2014) and will enter into force as of 1 May 2015.

Some of the changes introduced by the Law are as follows:

  1. Real or legal persons engaged in commerce via electronic environment (Service Providers)
    • Prior to execution of an agreement via electronic media, Service Providers must  provide information on certain aspects of the transaction such as introductory information, technical steps for execution of the agreement, and confidentiality rules;
    • Service Providers must fulfil certain requirements with respect to the received orders such as providing information on the order to the customer and providing opportunity to the customer to verify and correct the orders.
    • The parties can agree otherwise provided that the purchaser of the goods or services is not a consumer.
  2. Intermediary real or legal persons providing electronic commerce environment for other’s commercial activities (Intermediary Service Providers)
    • Intermediary Service Providers are not obliged to check the legal compliance of the goods and services provided by the Service Providers who use the electronic commerce environment provided by the Intermediary Service Providers. Obligations of Intermediary Service Providers such as informing obligation, obligations relating to the order will be further detailed by the regulations to be issued.
  3. Commercial electronic messages and security of personal data

    • Sending commercial messages through electronic tools such as SMS, electronic mails or phone calls are subject to pre-approval of the recipients. Recipients are entitled to refuse, at their own discretion, to receive commercial electronic messages. Commercial electronic messages may be sent to merchants and tradesmen without their pre-approval.

    • Service Providers and Intermediary Service Providers are responsible for the storage and security of personal data obtained through electronic commerce transactions; and they shall not transfer personal information to third parties or use it for other purposes without the prior consent of the concerned person.

In case of breach of the abovementioned obligations, administrative fines may be imposed on the Service Providers and Intermediary Service Providers.

The Turkish language of the text can be found on the below link:

http://www.resmigazete.gov.tr/eskiler/2014/11/20141105-1.htm