The Regulation Regarding Service Providers and Intermediary Service Providers in Electronic Commerce was published in Official Gazette number 29457 on 28 August 2015 ("Regulation"). The Regulation is secondary legislation, enacted under Electronic Commerce Law number 6563. It outlines obligations for service providers and intermediary service providers, particularly relating to mandatory information and content which must be published or shared with customers before executing any e-commerce order or agreement.
Under the Regulation, service providers and intermediary service providers are allowed until 28 November to comply with the following obligations.
- Informing recipients about corporate identity: Service providers and intermediary service providers (which provide electronic environment to service providers for their economic and commercial activities) must indicate their corporate identity and contact information in their electronic environment. A full list of the required information is outlined in Article 5 of the Regulation.
- Providing technical capabilities: Intermediary service providers must provide and update technical capabilities to service providers to allow service providers to fulfill their obligations under the Regulation.
- Publishing a transaction
guide on homepages: Intermediary service providers
and service providers which maintain their own electronic
environment must publish a transaction guide for customers on their
homepage. The guide must include:
- Technical steps for the commercial relationship between the service provider and the customer.
- Principles for accessing the agreement between the parties.
- Privacy and data protection policies.
- Alternative dispute resolution options.
- Order Principles: Intermediary service providers and service providers which maintain their own electronic environment must state specific information about orders. The information includes total amount to be paid by the customer as well as an order summary, among other information outlined under Article 8 of the Regulation. Customers must also receive an opportunity to change their order.
Other provisions introduced by the Regulation came into effect on 28 August 2015, including:
- Data protection responsibilities: Service providers and intermediary service providers are responsible for maintaining and taking necessary measures to prevent access and processing of personal data acquired during their business.
- Burden of proof: For complaints, service providers and intermediary service providers must prove they have no fault. These entities must keep electronic records for three years after the transaction date.
The Ministry of Customs and Commerce is responsible for monitoring compliance and enforcing the Regulation.
Please see this link for the full text of the Regulation (only available in Turkish).
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.