On 29 December 2022, the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (the "Regulation") was published. With the Regulation, the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce published in 2015 (the "Former Regulation") was abolished. In addition, new definitions introduced by the Law Amending the Law on the Regulation of Electronic Commerce (the "Amendment Law")1 published in July 2022, and the below explained additional liabilities of electronic commerce intermediary service providers ("ECISP") and electronic commerce service providers ("ECSP"), that are divided into three categories as medium, large and very large scale according to the net transaction volume and number of transactions, are regulated under the Regulation in detail.
Intermediary Contract
The Regulation introduces provisions regarding the minimum elements of intermediary contracts that determine the conditions of the commercial relationships between ECISP and ECSP, conditions of amending intermediary contracts by ECISP, and conditions for the restriction, suspension and termination of intermediary services. According to the Regulation, intermediary contracts concluded before 1 January 2023 and not amended to be compliant with the Regulation within six months, will become invalid.
Obligations
The Regulation elaborates obligations of ECSP and ECISP set forth under the Amendment Law and introduces new obligations:
Obligation | Transition Period |
OBLIGATIONS OF ECSP AND ECISP | |
General Obligations | |
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Beginning from 1 January 2023 |
Obligations of Medium, Large and Very Large Scale ECSP and ECISP | |
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Beginning from 1 January 2023 |
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Beginning from 1 January 2025 |
Obligations of Large and Very Large Scale ECSP AND ECISP | |
Promotional and marketing transmissions made in open or closed areas using any means of communication such as social media and public figures are also considered within the scope of the definition of advertisement. |
Beginning from 1 January 2023, also to be applied to net transaction volumes for year 2022 |
Obligations of Very Large Scale ECSP and ECISP | |
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Beginning from 7 July 2022 until 1 January 2024 |
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OBLIGATIONS OF ECISP ONLY | |
General Obligations | |
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Beginning from 1 January 2023 |
Two new situations, that are, (i) the determination of a withdrawal period exceeding those stated under Law No. 6502 on Consumer Protection by ECISPs, without the prior approval or ECSPs and (ii) making false or misleading explanations or notifications by ECISPs regarding their own products and activities to ECSPs are considered as unfair commercial practices. Also, it has been prohibited for large and very large-scale ECISPs to restrict the commercial relations of ECSP, to advertise or to offer goods or services through alternative channels at the same or different prices, and to force any person to provide goods or services or to force including any provision in the intermediary contract. |
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Beginning from 1 January 2023 for information and from 7 July 2022 until 1 January 2024 for verification liabilities |
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Beginning from 1 January 2023 |
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This obligation is not applicable to (i) the goods that bear the trademark of persons who derive more than half of their total sales revenue from sales made via other than electronic means, or the goods for which they have the right to use the trademark, and (ii) periodicals such as magazines and newspapers, and devices whose hardware and software enable the digital copies of electronic books to be read, listened to and used exclusively are exempted from this prohibition. |
Beginning from 7 July 2022 until 1 January 2024 |
Obligations of Medium, Large and Very Large Scale ECISP | |
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Beginning from 1 January 2024 |
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Beginning from 1 January 2023 |
Obligations of Very Large Scale ECISP | |
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Beginning from 7 July 2022 until 1 January 2024 |
The Amendment Law sets forth many new obligations to ECISPs and ECSPs in order to prevent unfair practices of electronic commerce platforms with significant market power, towards others in the market. The Regulation elaborates such obligations and regulates the procedures and principles for the activities and audits of ECSP and ECISP and their commercial relations to establish an effective and fair competition environment and to ensure development of electronic commerce.
Footnote
1. You may access our bulletin including detailed information on the Amendment Law here: https://www.kolcuoglu.av.tr/Uploads/Publication/amendments_to_the_law_on_the_regulation_of_e-commerce.pdf
© Kolcuoğlu Demirkan Koçaklı Attorneys at Law 2020
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.