• It is the spirit and not the form of law that keeps justice alive.
    Earl Warren

THE LONG-AWAITED ELECTRONIC COMMERCE LAW

Summary

The Law on the Regulation of Electronic Commerce (the “Law”) was published in the Official Gazette numbered 29166 on 5 November 2014.

Before the publication of the Law, the e-commerce companies are regulated within the framework of general code of obligations and commercial code provisions. The purpose of the Law is stated as the regulation of e-commerce with simple and certain ways, through provisions relating to content requirements, messages and communication, orders and data protection.

Changes

With this new Law, electronic commerce companies are obliged to provide certain information to consumers, including without limitation, contractual and technical information regarding the process and confidentiality policies.

The Law has a provision regarding electronic commercial messages (i.e. messages by short message service (sms), e-mail, automated calls (such as tele-marketing, fax, etc.). Receiving these messages has been a long time point of discussion in all sectors since electronic trade companies were allowed to send these messages to consumers without their approval. With this new Law, commercial electronic messages can only be sent to consumers provided that the prior approval of the consumer has been obtained. The content of these messages is also regulated under the Law.

The Law also brings new provisions with respect to the content and process of electronic orders given as part of electronic commerce.

Finally, service providers are now obliged to keep third party information confidential.

Conclusion

As electronic commerce is very common in Turkey, there are already a high number of electronic commerce companies active in the sector. In this regard, the existing electronic commerce companies should consider these changes within the framework of their business and if necessary, adapt their operations so as to fulfill the requirements in order to ensure their compliance with the Law on Regulation of Electronic Commerce.

Other Articles