Introduction
The e-commerce sector in Turkey has experienced rapid growth in recent years, and legal regulations have undergone significant changes in parallel with this growth. Comprehensive amendments to Law No. 6563 on the Regulation of Electronic Commerce have introduced new obligations for e-commerce platforms and online sellers. This article examines current developments in e-commerce law and the issues businesses need to pay attention to.
Obligations of E-Commerce Intermediary Service Providers
With the legislative changes, a licensing requirement has been introduced for e-commerce intermediary service providers (marketplaces). Platforms exceeding certain transaction volumes must obtain a license from the Ministry of Commerce. Additionally, intermediary service providers must verify the information of service providers, act in compliance with regulations when intermediating payment services, and operate in a manner that does not distort the competitive environment. These regulations have generated significant compliance costs, particularly for large e-commerce platforms.
Distance Contracts and Consumer Rights
Law No. 6502 on Consumer Protection and the Distance Contracts Regulation contain the fundamental provisions protecting consumer rights in online sales. The 14-day right of withdrawal granted to consumers, pre-contractual information obligations, and return processes are among the rules that e-commerce businesses must carefully comply with. With recent changes, the right of withdrawal regulation has been expanded for digital content and services, and consumer information rights have been strengthened.
Data Protection and E-Commerce
A significant volume of personal data is processed within the scope of e-commerce activities. Customer information, payment data, shopping habits, and location information are among the data that must be protected under the KVKK. E-commerce businesses must update their cookie policies, determine the appropriate legal basis for profiling activities, and ensure necessary safeguards in international data transfers. The Personal Data Protection Board has increased its inspections targeting the e-commerce sector, and serious sanctions are applied in cases of violation.
Advertising and Unfair Commercial Practices
Significant regulatory developments are also occurring in the field of online advertising. The requirement to obtain prior consent for sending commercial electronic messages, consent management through the Message Management System (IYS), and the prohibition of deceptive commercial practices are among the rules that e-commerce businesses must comply with. New guidelines have been published particularly regarding influencer marketing and comparative advertising, and businesses need to structure their marketing strategies in compliance with these rules.
Conclusion and Recommendations
Rapid changes in e-commerce law require businesses to continuously review their legal compliance processes. Licensing requirements, consumer rights, data protection, and advertising regulations should be evaluated together, and an integrated compliance program should be established. Proactively managing risks through legal counsel is the most effective strategy for avoiding potential sanctions.