Service Providers Regulation in Turkey

Telecoms

Turkish Electronic Commerce Law defines the service provider as any individual or legal entity performing electronic commerce activity, and the intermediary service provider as any individual and legal entity providing its electronic commerce platform for the performance of economic and commercial activities by others. The same definitions have been used for service providers and intermediary service providers in the Regulation.

The intermediary service provider seems to be more accurately defined. Pursuant to the mentioned provision, an intermediary service provider is an operator of electronic commerce market places, where sales and purchase transactions between the consumers and service providers are made.

The content of the information which must be provided by service providers depends whether they do electronic commercial activities through their web sites, or through web sites of intermediary service providers. The content of such information also depends whether the service provider is a business man/ tradesman or not.

Before initiating any electronic commerce activity on their web sites, service providers are obliged to provide the following information in full within the electronic commerce environment owned by them: (i) registered electronic mail address, e-mail address, and phone number along with its company name, if any, or registered trademark; (ii) trade association of which it is a member and sectoral institutions in which it holds a membership, if any, along with trade association rules and information on how anyone can have access to such rules; (iii) if the service provider is a business man, its commercial name, central registry record number (MERSIS) and headquarters address; (iv) if the service provider is a tradesman, its name and surname, tax ID number and headquarters address.

Any service provider who is not a business man nor trader has to maintain the following information in full within the electronic commerce environment owned by it: (i) name and surname or title; (ii) headquarters address; (iii) registered electronic mail address; (iv) e-mail address; and (v) phone number.

Service providers can also perform electronic commerce activities through intermediary service providers. In that case, the following information must to be stored by intermediary service providers.

The service provider being a business man/woman and performing sales through intermediary service providers has to store in full the following information in the area allocated by the intermediary service provider before initiating any electronic commercial activity: (i) The commercial name, the company name or the registered trademark; (ii) the registered electronic mail address; (iii) MERSIS number for business men.

Any intermediary service provider and service provider performing sales within the electronic environment owned thereby have to store the following actual information on the web site to which a direct access will be granted through the network, through which electronic commercial activities are performed: (i) technical steps such as choosing goods and services for the establishment of the contract, entering delivery and payment information, and approval of the order etc.; (ii) information on whether the electronic contract will be stored within the electronic environment, whether the consumer will be able to have access to such contract within the related environment, and how long such access shall be granted; (iii) information to be supplied in relation to a summary of the order form on which the consumer can accurately and clearly determine and correct its faults in entering data before an order is made and technical tools to reverse and change the information; (iv) confidentiality rules in relation to personal data obtained through electronic commerce activities; and (v) alternative dispute resolution mechanism in the event of any dispute with the consumer, if any. Showing such mechanism, however, does not prevent the parties from seeking other dispute resolution instruments.

The intermediary service provider and service provider performing sales in an electronic environment owned thereby. are obliged to maintain: (i) submit the sale of second hand goods under a separate category; (ii) to clearly display to the consumer the total amount to be paid thereby including tax and delivery expenses and other conditions of the contract before the order made through the electronic environment has been approved and payment terms have been entered; (iii) total amount of goods or services, method of price calculation and additional expenses for delivery if delivery expenses cannot be determined in advance; (iv) summary of the order form on which the consumer can accurately and clearly determine and correct its faults in entering data before the order is approved and appropriate, efficient and easy accessible technical tools to reverse and change the information; and (v) physical or electronic delivery of the contract provisions and general terms and conditions so when it is displayed to the consumer for a second time, they are used and kept by the consumer in print form.

The intermediary service provider and service provider performing sales in an electronic environment have to approve the order through the electronic environment through which the related electronic commerce activity has been made. Additionally the consumer must be informed about the same as soon as possible through tools such as e-mail, SMS, phone or fax. The order and the approval of the order are deemed to be realized by the time when the parties have been able to access to such statements.

Any service provider or intermediary service provider who are performing sales within an electronic environment owned thereby, have to adapt their web sites in conformity with the related provisions of the Regulation within three months following the Regulation entered into force, which begins as of 26th of August 2015.

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