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This article addresses the amendments made to the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, which entered into force on 8 March 2025. Under the new provisions, the abolition of the Registered Electronic Mail (KEP) address requirement, the revision of seller information verification processes and the updates concerning contractual penalties in intermediation agreements are outlined in broad terms. In addition, the rules on the portability of seller data, performance evaluation systems and the new rules introduced for advertising budgets and sponsorship expenditure are examined in detail, and the impact of these amendments on the sector is assessed.
In recent years, the e-commerce sector has grown rapidly and has come to occupy an important place in the daily lives of both consumers and sellers. In order to resolve the problems brought about by this growth and to remedy the inequities in the sector, comprehensive amendments have been made to the e-commerce regulation in Türkiye. Many new rules were introduced by the Regulation Amending the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, published on 8 March 2025. This article comprehensively addresses the details of these amendments and their possible impact on the sector.
Abolition of the Registered Electronic Mail (KEP) Address Requirement
E-commerce sellers were previously required to obtain a Registered Electronic Mail (KEP) address and to conduct official correspondence through that address. This created an additional bureaucratic burden, particularly for small businesses. With the new provision published in the Official Gazette on 8 March 2025, the obligation of sellers to hold a KEP address has been abolished. E-commerce sellers will no longer be required under the regulation to obtain a KEP address. This amendment means a reduction in the bureaucratic burden, particularly for small and medium-sized businesses. Although the KEP system provides secure electronic communication with legal validity, the cost and management of this service could create difficulties for small businesses. With this provision, businesses can reduce their operating costs by using more flexible means of communication. However, since there is potential for weaknesses in security and verification, it is important for businesses to turn to alternative secure means of communication.
Display of Information by Sellers Who Are Neither Merchants nor Tradesmen
Individual sellers who did not hold the status of merchant or tradesman were required to display their first name and surname openly on e-commerce platforms. The new regulation has abolished the obligation to display first name and surname information publicly. However, these sellers will be obliged to notify their first name, surname and Turkish Republic identity number solely to the Electronic Commerce Intermediary Service Provider (ETAHS). This provision acts as a kind of privacy shield for individual sellers. The public display of personal information on open platforms could pose a security risk for sellers. On the other hand, consumers' need to assess the reliability of sellers should not be overlooked either. Marketplaces need to keep their verification processes rigorous so as both to protect seller privacy and to earn consumer trust.
Marketplaces' Responsibility to Verify Information
Marketplaces were required to verify sellers' identifying information within the first three months of each calendar year. With the new provision, this period has been updated so that verification is to be carried out at least once a year. In other words, marketplaces will now be required to verify seller information at least once a year. In addition, a marketplace is not required to verify the identifying information of a seller in calendar years in which that seller has not listed any products. Although making the frequency of information verification annual provides some relief for marketplaces, keeping seller information up to date remains an important matter. Many changes can occur in seller information within a year. For this reason, marketplaces may need to support their verification processes not only annually but also with real-time updates. The way to preserve consumer trust lies in accurate and up-to-date information.
Application of Contractual Penalties in Intermediation Agreements
Under the previous provisions, marketplaces could apply contractual penalties under the intermediation agreement without requesting an explanation from sellers. Under the new provision, however, applying a contractual penalty without requesting an explanation will be regarded as an “unfair commercial practice”. Nevertheless, an exception may apply if the situation is established by documents and records. This amendment will protect sellers' rights and prevent marketplaces from applying arbitrary contractual penalties. On the other hand, the introduction of the requirement for documents and records also offers a balancing mechanism so that marketplaces are not treated unfairly.
Portability of Seller Data and Performance Evaluations
Previously, sellers could transfer their data held on marketplaces only during the term of the contract. This process was generally limited to the duration of the contract, and sellers' access to their data ended upon its termination. Under the new provision, sellers will be able to transfer their data within one year after the end of the contract. This will enable sellers to transfer their existing data to other platforms over a longer period and will minimise the risk of their data being lost. In addition, evaluation scores relating to seller performance will also be portable together with this data. This gives sellers the opportunity to demonstrate their past achievements on other platforms as well.
Period for Applying Contract Amendments
Under the former provisions, there was no specified period as to when amendments to contracts with e-commerce service providers would enter into force. Contract amendments could be applied immediately without the other party's knowledge. Under the new provision, it has become mandatory to wait 15 days from the date of notification before contract amendments can be applied. In certain special cases (for example, technical developments or increases in commission rates), however, this period has been set at 30 days. Furthermore, in the case of amendments made in favour of Electronic Commerce Service Providers (ETHS), notification to the ETHS alone will suffice and the 15-day waiting period will not apply. Finally, if contract amendments become mandatory as a result of decisions taken or regulations made by regulatory and supervisory authorities, the stated periods will not apply and the amendments will be applied immediately.
Brand Protection on Online Search Engines
The protection of businesses' domain names that constitute brand names in the digital environment is of great importance in the intensely competitive environment of e-commerce. Under the new provisions, in order to prevent the misuse of brand names, it has become mandatory for keywords that are the subject of a complaint to be added as negative keywords on online search engines. If an infringement is established, an administrative sanction will be imposed by the Ministry, and the advertisers concerned will be obliged to add the keywords complained of to their negative keywords as exact match. In this way, the aim is to prevent brand names from being used in misleading advertisements and thereby to prevent unfair competition.
Amendments Under the Product Safety Law
With the new provisions, marketplaces' oversight obligations regarding product safety have been significantly expanded. Under the former provision, marketplaces were only obliged to carry out checks on the physical safety of products. Under the new provision, however, this obligation is no longer limited to physical safety and has been expanded to cover pre-sale and post-sale checks as well. Marketplaces are now required to carry out product safety checks every year and to submit reports on those checks to the Ministry. This amendment ensures that marketplaces not only check the safety of products but also assume a broader responsibility aimed at providing safe shopping environments. This provision is regarded as an important step for consumer protection. In other words, product safety regulations will now be applied more strictly and in greater detail, and marketplaces will be responsible at every stage.
Advertising Budget, Sponsorship Expenditure and Expenditure on Refurbished Products
The new provisions have brought significant changes to advertising budgets and sponsorship expenditure. Previously, sponsorship expenditure of up to 25% of a marketplace's advertising budget was not included in the advertising budget. This created a more limited scope for advertising expenditure for marketplaces and sellers. With the amendment, however, the rate at which sponsorship expenditure is included in the advertising budget has been raised to 50%. This gives marketplaces greater flexibility and makes it possible for them to include sponsorship agreements in the advertising budget more easily. Sellers will thereby also have a wider range of advertising opportunities. On the other hand, advertising and discount expenditure for refurbished products was, under the previous provisions, not included in the advertising and discount budget. Now, 5% of the expenditure made for refurbished products will not be included in the advertising and discount budget. This amendment may require more careful budget management for refurbished products and may make strategic planning more difficult for marketplaces and sellers. However, this provision aims to regulate the value and the market of refurbished products.
Amendments Concerning the Discount Budget, Instalment Sales and Disaster Situations
Under the new provision, the discount budget calculations have been restructured to cover a wider range. Previously, the payment deferral facilities that marketplaces provided in instalment sales and similar advantages granted to buyers were generally excluded from the discount budget. Under the new provision, however, the amounts borne by the marketplace for transactions such as the deferral of payments in instalment sales and maturity difference charges have also been included in the discount budget. While this amendment places additional cost burdens on marketplaces, it provides sellers with greater flexibility and an opportunity for cost management. Furthermore, aid provided and discounts granted during disaster situations (such as earthquakes, fires and floods) were generally treated under the former provisions as falling within the discount budget. Under the new provision, discounts granted to buyers and sellers in disaster situations will not be included in the discount budget calculations. This amendment will allow aid intended to support communities affected by disasters and to redress their hardship to be used more efficiently. In addition, provisions that provide social and economic aid are likewise excluded from the discount budget in order to increase the participation of disadvantaged segments of society in economic and social life. This amendment aims to strengthen social solidarity and to make aid more effective in situations such as disasters.
Effect of Sales Abroad and Investment Expenditure on the Licence Fee
With the new provision, various criteria have been established for calculating the licence fees of e-commerce companies in Türkiye (ETAHS). Taking into account the net transaction volumes and the number of transactions of ETAHS, it becomes mandatory to obtain and renew a licence when certain thresholds are exceeded. Sales made abroad and investment expenditure are not included in the calculations, although investment expenditure may be subject to a deduction under certain conditions. In addition, clear rules have been established for sales made abroad from e-commerce marketplaces in Türkiye, and cancellations and refunds are excluded when licence fees are calculated for such sales. As part of the strategy aimed at increasing Türkiye's international competitiveness in the field of e-commerce, this provision will enable companies to invest more and to operate more effectively in global markets.
Obligation to Share Order and Stock Information
The provision introduces an obligation for all marketplaces to share order information with their sellers simultaneously and for sellers to update their stock information. However, marketplaces offering food and beverage services (restaurants, cafes and the like) have been exempted from this obligation. While this amendment makes it possible to strengthen general oversight in the e-commerce sector, it provides a more flexible arrangement for marketplaces in the food sector. This obligation, which previously applied to all marketplaces, now applies only to sectoral activities other than food. While this provision imposes fewer obligations in particular on marketplaces in the food sector, it strengthens oversight for the e-commerce sector in general.
CONCLUSION
The new provisions will shape the future of the sector by bringing about significant changes in Türkiye's e-commerce ecosystem. While these provisions aim to create a safer, more orderly and more transparent business environment in the e-commerce sector, the compliance process may be demanding for marketplaces and sellers. It is critical for e-commerce operators to adapt quickly to these changes and to make the necessary arrangements in order to preserve their competitive advantage. By protecting the rights of sellers and consumers, the latest amendments to the regulation aim to create a fair environment in the sector through steps such as the abolition of the KEP requirement, the restructuring of information verification processes and the placing of contractual penalties under strict oversight. However, these provisions need to be applied effectively and supervised continuously; in particular, marketplaces' conduct of these processes in a transparent and meticulous manner will increase the reliability of the sector.
