With its ever-expanding volume and the relative ease of entering the sector, e-commerce has now become an indispensable part of daily life. In Turkey, the e-commerce volume increased by 61.7% in 2024 compared to the previous year, exceeding 3 trillion Turkish liras.(see report) The total number of transactions reached 5 billion 910 million. Meanwhile, the retail e-commerce volume grew by 63.7% in 2024 compared to the previous year, reaching 1 trillion 619 billion Turkish liras. The number of retail e-commerce transactions also increased by 10.1% year-on-year, amounting to 1 billion 850 million. In this article, we will address the legislation regulating electronic commerce and the issues that companies operating in this field should pay attention to.
The Law on the Regulation of Electronic Commerce
The Law No. 6563 on the Regulation of Electronic Commerce, published on 23 October 2014 and in force since 1 May 2015, is one of the primary legislative instruments regulating electronic commerce in Turkey. The Law essentially defines fundamental matters such as informing the consumer and the steps of order formation within the tripartite relationship among electronic commerce service providers, intermediary service providers, and consumers.
In addition, it sets forth fundamental and framework provisions regarding the requirement of consent for sending commercial electronic messages and their content, the minimum elements of information to be provided to consumers, unlawful content, and the electronic commerce license.
The Law on the Protection of Personal Data
The Law on the Protection of Personal Data (KVKK) regulates the processes of processing, storing, and sharing users’ personal data in electronic commerce activities, thereby both protecting consumer privacy and imposing significant obligations on data controllers. E-commerce businesses are required to obtain explicit consent when collecting data from users, to process the data only for specific and legitimate purposes, to store it securely, and to erase it when necessary. Moreover, the KVKK and the Law No. 6563 on the Regulation of Electronic Commerce are applied concurrently with respect to the sending of commercial electronic messages; therefore, businesses must establish a system compliant with both data processing and communication consent requirements. Otherwise, they may face administrative fines and reputational risks.
The Law on the Protection of Consumers
Fundamentally, the Law on the Protection of Consumers (TKHK) aims to ensure that consumers engage in electronic commerce activities in a safe, transparent, and informed manner. E-commerce businesses are obliged to provide consumers with clear and accurate information prior to the sale regarding matters such as price, right of withdrawal, delivery, warranty, and return conditions. Failure to enable the exercise of the right of withdrawal, engaging in misleading advertising, or neglecting post-sale obligations may result in administrative sanctions and liability for damages. Therefore, e-commerce businesses must establish contractual and informational procedures in compliance with the provisions of the TKHK.
The Regulation on Distance Contracts
The Regulation on Distance Contracts governs the contractual relationship between the seller and the consumer in transactions conducted through electronic commerce and contains detailed provisions aimed at protecting consumers. Under this regulation, e-commerce businesses are obliged to provide consumers, prior to the sale, with clear, comprehensible, and easily accessible information regarding the essential characteristics of the product, the total price, delivery period, right of withdrawal, and return conditions. No payment may be requested from the consumer before the order confirmation is obtained. Furthermore, consumers have the right to withdraw from the contract within 14 days without providing any justification. In this regard, it is essential to first determine whether the products to be traded electronically fall within the scope of this regulation. Likewise, the right of withdrawal is not absolute, as there are certain categories of products exempt from this right. Therefore, it is advisable to seek professional assistance before commencing sales in order to ensure full compliance.
The Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers
E-commerce may take place either through the direct sale of a service provider’s own products on its own platform or through the sale of products using intermediary platforms. In this context, the Regulation governs the relationship between e-commerce intermediary service providers and electronic commerce service providers (the actual sellers of the products), addressing issues such as the legal obligations to be observed by intermediary service providers and the minimum elements required in the contract to be concluded between the intermediary service provider and the service provider. Although the minimum elements of such contracts are specified in the legislation, certain additional obligations must also be included in the contract based on general legal provisions.
In general, the legislation on electronic commerce is not a separate and independent legal framework from other fundamental legal instruments (such as the Code of Obligations and the Commercial Code). Therefore, businesses intending to engage in electronic commerce must conduct a comprehensive review of the applicable legislation in advance and determine their products and procedures accordingly. It would, of course, be in their best interest to seek professional assistance in this regard.
