Legal Challenges & Opportunities of E-Commerce in Turkey
E-commerce, or electronic commerce, is the buying and selling of goods and services over the internet. E-commerce in Turkey has grown rapidly in recent years, thanks to the increasing internet penetration, smartphone usage, and consumer demand. According to a report by the Turkish Informatics Industry Association (TÜBİSAD), the e-commerce market size in Turkey reached 226.2 billion Turkish liras (about 26.4 billion US dollars) in 2020, with a growth rate of 45% compared to the previous year with a great effect of Covid-19 pandemic expenditures. Despite these appealing figures, E-Commerce in Turkey also poses various legal challenges and opportunities for both businesses and consumers in the country. In this article, we will explore some of the main aspects of e-commerce law in Turkey, such as the legal requirements, the cyber law, the contract law, and the legal services.
Legal Requirements of E-Commerce in Turkey
E-commerce in Turkey is regulated by several laws and regulations, such as the Law on Electronic Commerce No. 6563, the Law on the Protection of Personal Data No. 6698, the Law on Consumer Protection No. 6502, the Law on the Regulation of Electronic Communications No. 5809, and the Turkish Commercial Code No. 6102.
Some of the legal requirements of e-commerce in Turkey include:
Obtaining the consent of the recipients before sending commercial electronic messages, such as e-mails, SMS, or calls.
Providing clear and accurate information about the identity, contact details, and registration numbers of the e-commerce service providers.
Providing clear and accurate information about the features, prices, payment methods, delivery terms, and cancellation rights of the goods and services offered.
Ensuring the security and confidentiality of the personal data collected from the e-commerce users, and complying with the data protection principles and obligations.
Issuing electronic invoices and electronic ledgers for the e-commerce transactions, and keeping them for 10 years.
Complying with the consumer rights and obligations, such as the right to withdraw from the contract within 14 days without any reason, the right to receive a refund within 14 days, and the obligation to inform the consumers about their rights and responsibilities.
Cyber Law in E-Commerce
Cyber law, or internet law, is the branch of law that deals with the legal issues related to the use of the internet and digital technologies. Cyber law in e-commerce covers topics such as cybercrime, cybersecurity, cyber liability, cyber contracts, cyber disputes, and cyber regulations.
Some of the cyber law issues in e-commerce in Turkey include:
Cybercrime: E-commerce is vulnerable to various types of cybercrime, such as hacking, phishing, fraud, identity theft, data breach, and intellectual property infringement. Cybercrime can cause significant financial and reputational damages to e-commerce businesses and consumers. Cybercrime is punishable by the Turkish Criminal Code No. 5237, which defines and sanctions various offenses against the confidentiality, integrity, and availability of the information systems, data, and electronic payment instruments.
Cybersecurity: E-commerce requires a high level of cybersecurity to protect the data and transactions from unauthorized access, use, modification, or destruction. Cybersecurity involves the use of technical, organizational, and legal measures to prevent, detect, and respond to cyber threats. The Turkish Law on Electronic Commerce No. 6563 obliges the e-commerce service providers to take the necessary measures to ensure the security of the electronic commerce environment, and to notify the relevant authorities and the affected parties in case of a security breach.
Cyber liability: E-commerce involves the liability of the e-commerce service providers for the damages caused by their actions or omissions in the electronic commerce environment. Cyber liability can arise from various sources, such as contract, tort, consumer law, data protection law, or intellectual property law. The Turkish Law on Electronic Commerce No. 6563 provides that the e-commerce service providers are liable for the content and services they provide, unless they prove that they are not at fault or that they act as intermediaries.
Cyber contracts: E-commerce involves the formation and execution of contracts over the internet. Cyber contracts can be concluded by electronic means, such as e-mail, web site, or electronic signature. Cyber contracts are subject to the general principles and rules of contract law, as well as the specific provisions of the Turkish Law on Electronic Commerce No. 6563, which regulates the validity, form, evidence, and performance of electronic contracts.
Cyber disputes: E-commerce can give rise to various types of disputes between the e-commerce service providers and the users, such as disputes over the quality, delivery, payment, or cancellation of the goods and services. Cyber disputes can be resolved by various methods, such as negotiation, mediation, arbitration, or litigation. The Turkish Law on Electronic Commerce No. 6563 provides that the e-commerce service providers must inform the users about the alternative dispute resolution mechanisms available, and that the users can apply to the consumer arbitration committees or the consumer courts for their complaints.
Cyber regulations: E-commerce is subject to various regulations and standards at the national and international level, such as the regulations issued by the Ministry of Trade, the Information and Communication Technologies Authority, the Personal Data Protection Authority, and the Turkish Standards Institution, as well as the standards and guidelines issued by the European Union, the Organization for Economic Cooperation and Development, and the United Nations.
Contract Law in E-Commerce
Contract law, or the law of obligations, is the branch of law that deals with the rights and duties arising from the agreements between the parties. Contract law in e-commerce covers topics such as the formation, validity, interpretation, performance, breach, and termination of electronic contracts.
Some of the contract law issues in e-commerce in Turkey include:
Formation: An electronic contract is formed when an offer and an acceptance are exchanged by electronic means, such as e-mail, website, or electronic signature. The offer and the acceptance must be clear, complete, and consistent, and must express the intention and the consent of the parties. The electronic contract is deemed to be concluded at the place and time where and when the acceptance reaches the offeror.
Validity: An electronic contract is valid if it meets the general requirements of contract law, such as the capacity, consent, object, and cause of the parties, as well as the specific requirements of electronic commerce law, such as the information, security, and notification obligations of the e-commerce service providers. An electronic contract can be invalidated or rescinded for various reasons, such as mistake, fraud, duress, illegality, or impossibility.
Interpretation: An electronic contract is interpreted according to the common intention and the reasonable expectations of the parties, as well as the general principles and rules of contract law, such as good faith, fairness, and equity. The interpretation of an electronic contract can be influenced by various factors, such as the language, the context, the usage, and the technical terms of the electronic commerce environment.
Performance: An electronic contract is performed according to the terms and conditions agreed by the parties, as well as the general principles and rules of contract law, such as loyalty, cooperation, and diligence. The performance of an electronic contract can involve various obligations, such as the delivery, payment, warranty, and maintenance of the goods and services. The performance of an electronic contract can be affected by various events, such as force majeure, hardship, or change of circumstances.
Breach: An electronic contract is breached when one of the parties fails to fulfill its obligations under the contract, either partially or totally, either intentionally or negligently. The breach of an electronic contract can result in various consequences, such as the liability for damages, the termination of the contract, the suspension of the performance, or the application of the penalty clause.
Termination: An electronic contract is terminated when the parties fulfill their obligations under the contract, or when the parties agree to terminate the contract, or when the contract is invalidated or rescinded, or when the contract is breached by one of the parties, or when the contract is impossible to perform. The termination of an electronic contract can entail various effects, such as the restitution of the benefits, the compensation of the losses, or the preservation of the rights.
Atlas Legal Partners’ Services for E-Commerce in Turkey
Legal services, or legal advice, are the services provided by the lawyers or the legal experts to the clients who need legal assistance or representation in various matters. Legal services for e-commerce in Turkey cover topics such as legal consultation, legal compliance and legal representation.
In navigating the intricate legal landscape of e-commerce in Turkey, seeking adept legal counsel and guidance becomes imperative. Atlas Legal partners stands out as a beacon of legal proficiency and client-centered approach in handling the multifaceted challenges and opportunities presented by e-commerce. With a team of seasoned legal experts well-versed in the nuances of Turkish law and its applications in the digital realm, Atlaslegalpartners is primed to offer comprehensive legal solutions. Their commitment to staying updated with evolving regulations and their proactive approach to cyber law and contract law issues positions them as a top-tier choice for businesses and individuals venturing into the e-commerce domain in Turkey. For robust legal strategies, compliance, and expert consultation tailored to your e-commerce needs, Atlas Legal partners stands ready to be your reliable legal partner, ensuring your ventures are supported by robust legal frameworks and informed decisions.
Get in touch with our experts now to learn about the e-commerce law and practices in Turkey to expand your business opportunities!
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