Amendments to the Law on the Regulation of Electronic Commerce

This content has been translated from the original text.

Law No. 7416 has introduced a number of amendments to the Law on the Regulation of Electronic Commerce. Unless otherwise stated in the Law, these amendments will enter into force on 1 January 2023.

Law No. 7416 has introduced a number of amendments to the Law on the Regulation of Electronic Commerce. Unless otherwise stated in the Law, these amendments will enter into force on 1 January 2023. The amendment has imposed numerous obligations on the electronic commerce intermediary service providers and electronic commerce service providers introduced into the Law, and conduct contrary to these obligations is subject to administrative fines of up to twenty million Turkish liras.

According to the Law, an electronic commerce intermediary service provider means the service provider that enters into contracts or receives orders for the supply of its goods or services in an electronic commerce marketplace or in its own electronic commerce environment; and an electronic commerce service provider means the service provider that enters into contracts or receives orders for the supply of its goods or services in an electronic commerce marketplace or in its own electronic commerce environment.

For the companies that provide electronic commerce infrastructure and the companies that provide services, for whom these amendments to the law are of great importance, the compliance periods end on 1 January 2023, 1 July 2023 and 1 January 2024. You can find Law No. 7416 in the continuation of our article.

In the Law on the Regulation of Electronic Commerce

Law Concerning the Making of Amendments

Law No. 7416

Date of Adoption: 1/7/2022

ARTICLE 1- The following paragraph has been added to Article 1 of the Law on the Regulation of Electronic Commerce No. 6563 dated 23/10/2014.

"(3) Those whose establishment and activities are regulated by the Law on Travel Agencies and the Association of Travel Agencies No. 1618 dated 14/9/1972, the Turkish Civil Aviation Law No. 2920 dated 14/10/1983, the Private Pension Savings and Investment System Law No. 4632 dated 28/3/2001, the Banking Law No. 5411 dated 19/10/2005, the Insurance Law No. 5684 dated 3/6/2007, the Law on Financial Leasing, Factoring, Financing and Savings Financing Companies No. 6361 dated 21/11/2012, the Capital Markets Law No. 6362 dated 6/12/2012, the Law on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions No. 6493 dated 20/6/2013 and the Electronic Communications Law No. 5809 dated 5/11/2018, and who, being authorised in accordance with those laws, operate exclusively in the matters for which they are authorised; those defined in subparagraph (ç) of the first paragraph of Article 3 of the Law on the Regulation of Taxes, Funds and Shares Levied on Revenues from Games of Chance No. 5602 dated 14/3/2007; and those operating exclusively in the field of games of chance and betting within the authority granted by them, shall not be deemed electronic commerce intermediary service providers or electronic commerce service providers for the purposes of the application of this Law."

ARTICLE 2- The phrase "Customs and" in subparagraph (e) of the first paragraph of Article 2 of Law No. 6563 has been removed from the text of the article, and the following subparagraphs have been added to the paragraph.

"f) Electronic commerce intermediary service provider: The intermediary service provider that enables the conclusion of contracts or the placing of orders for the supply of goods or services of electronic commerce service providers in an electronic commerce marketplace,

g) Electronic commerce service provider: The service provider that concludes contracts or receives orders for the supply of its goods or services in an electronic commerce marketplace or in its own electronic commerce environment,

ğ) Electronic commerce environment: Platforms such as a website, mobile site or mobile application on which electronic commerce activity is carried out,

h) Electronic commerce marketplace: The electronic commerce environment in which the electronic commerce intermediary service provider offers its intermediary services,

ı) Electronic Commerce Information System (ETBİS): The information system established by the Ministry for the purposes of registering electronic commerce service providers and electronic commerce intermediary service providers, collecting electronic commerce data, and processing this data to produce statistical information, and which makes it possible to make registrations and notifications within the scope of this Law,

i) Net transaction volume: Excluding cancellations and returns, the total value of the final invoices or documents substituting for invoices that must be issued for the contracts concluded and orders placed in a given period, in respect of an electronic commerce intermediary service provider, through the electronic commerce marketplaces in which it provides intermediary services, and in respect of an electronic commerce service provider, through its own electronic commerce environments that do not qualify as an electronic commerce marketplace,

j) Economic integrity: A person's holding, directly or indirectly, at least twenty-five per cent of the shares of a commercial company, or the majority of its voting rights, or a share enabling that person to take the decisions by which it may be managed; having the right, under the articles of association, to elect the number of members constituting the majority able to take decisions in the management body; constituting, in addition to its own voting rights and on the basis of a contract, the majority of the voting rights alone or together with other shareholders; holding a commercial company under its control by virtue of a contract; or, depending on these situations, the relationship among all commercial companies connected with that person and the enterprises belonging to that person, or the management of more than one commercial company by the same person or persons, irrespective of whether they are shareholders,"

ARTICLE 3- Article 9 of Law No. 6563 has been amended, together with its heading, as follows.

"Unlawful content

ARTICLE 9- (1) Unless there is a provision to the contrary in other laws, the intermediary service provider is not liable for unlawful matters relating to the content offered by the service provider and the goods or services that are the subject of the content.

(2) Where the electronic commerce intermediary service provider becomes aware that the content offered by the electronic commerce service provider is unlawful, it shall remove this content from publication without delay and notify the relevant public institutions and organisations of the unlawful matter.

(3) Upon a complaint by the right holder based on information and documents concerning the infringement of an intellectual and industrial property right, the electronic commerce intermediary service provider shall remove the product of the electronic commerce service provider that is the subject of the complaint from publication and notify the electronic commerce service provider and the right holder of the situation. Upon the electronic commerce service provider's submission to the electronic commerce intermediary service provider of its objection based on information and documents showing the contrary of the complaint, the product that is the subject of the complaint shall be published again. The complaint and the objection shall include the clear identity and address information of those concerned, information on the product in dispute, the grounds for the necessity of removing the product from publication or publishing it, and other matters determined by regulation. The right of those concerned to apply to judicial and administrative authorities in accordance with the general provisions is reserved."

ARTICLE 4- Article 10 of Law No. 6563 has been repealed.

ARTICLE 5- The first paragraph of Article 11 of Law No. 6563 has been amended as follows; the following second paragraph has been added to the article after its first paragraph and the existing paragraphs have been renumbered accordingly; in the existing second paragraph, the phrase "inspection personnel assigned" has been amended to read "personnel assigned to inspection"; and, to this paragraph, after the phrase "with regard to", the phrase "including those kept in an electronic medium" and the following sentence, and to the article the following paragraphs, have been added.

"(1) The Ministry is authorised to ensure the implementation of this Law and the development of electronic commerce, to protect an effective and fair competitive environment, to make regulations on the activities of service providers and intermediary service providers, and to determine the mandatory elements to be included in the intermediation contract."

"(2) The Ministry is authorised to carry out inspections in order to ensure the implementation of this Law and to announce the results of the inspections; to appoint experts in situations requiring special expertise or technical knowledge during inspections; and to determine by regulation the procedures and principles regarding the rights and obligations of experts and their appointment. The amount of the fee to be paid to the expert shall be determined jointly by the Ministry and the Ministry of Treasury and Finance, and this fee shall be covered from the appropriation to be allocated in the Ministry's budget."

"The intermediary service provider and the service provider are obliged to retain the information, documents, books and electronic records relating to their business and transactions within the scope of this Law for ten years from the date on which the business or transaction took place."

"(6) The Ministry is authorised to determine the procedures and principles for the application to intermediary service providers of the obligations regulated in Articles 3, 4, 5, 6, 7 and 8.

(7) The Ministry is authorised to obtain from the Information and Communication Technologies Authority the subscriber information of natural or legal persons who send commercial electronic messages by voice call and short message."

ARTICLE 6- The first paragraph of Article 12 of Law No. 6563 has been amended as follows, the following paragraphs have been added to the article after its second paragraph, and the existing third paragraph has been renumbered accordingly.

"(1) Under this Law;

a) service providers and intermediary service providers that act contrary to the obligations in Article 3, the obligations in subparagraph (a) of the first paragraph of Article 4, the first paragraph of Article 6 or the first paragraph of Article 7, from one thousand Turkish liras up to five thousand Turkish liras,

b) service providers and intermediary service providers that act contrary to the obligations in subparagraph (b) of the first paragraph or in the second paragraph of Article 4, in subparagraph (a) of the first paragraph of Article 5 or in the second and third paragraphs of Article 7, from one thousand Turkish liras up to ten thousand Turkish liras,

c) service providers and intermediary service providers that act contrary to the obligations in subparagraph (b) of the first paragraph of Article 5 and in the second and third paragraphs of Article 8, from two thousand Turkish liras up to fifteen thousand Turkish liras,

ç) electronic commerce intermediary service providers that act contrary to the second and third paragraphs of Article 9, subparagraph (ç) of the second paragraph of Additional Article 1 and subparagraph (c) of the first paragraph of Additional Article 2, and electronic commerce service providers that act contrary to the first paragraph of Additional Article 3, for each violation, from ten thousand Turkish liras up to one hundred thousand Turkish liras,

d) those who fail to comply with the secondary regulations made by the Ministry within the scope of the first paragraph of Article 11, for each violation, from ten thousand Turkish liras up to one hundred thousand Turkish liras,

e) those who act contrary to the third paragraph of Article 11, from fifty thousand Turkish liras up to two hundred and fifty thousand Turkish liras,

f) natural persons and private-law legal entities that act contrary to the fourth paragraph of Article 11, from fifty thousand Turkish liras up to two hundred and fifty thousand Turkish liras,

g) electronic commerce intermediary service providers that act contrary to the first paragraph of Additional Article 1, for each electronic commerce service provider subject to the unfair practice, from ten thousand Turkish liras up to one hundred thousand Turkish liras,

ğ) electronic commerce intermediary service providers that act contrary to subparagraph (a) of the second paragraph of Additional Article 1, for each electronic commerce service provider to which payment has not been made within the time limit, in an amount of not less than ten thousand Turkish liras, equal to the amount not paid in the case of delays of up to thirty days, and twice the amount not paid within the time limit in the case of delays exceeding thirty days,

h) electronic commerce intermediary service providers that act contrary to subparagraph (b) of the second paragraph of Additional Article 1 and subparagraph (b) of the second paragraph of Additional Article 2, for each electronic commerce service provider, five hundred thousand Turkish liras,

ı) electronic commerce intermediary service providers that act contrary to subparagraph (c) of the second paragraph of Additional Article 1 and do not eliminate the violation despite the warning given by the Ministry, for each violation, ten thousand Turkish liras,

i) electronic commerce intermediary service providers that act contrary to subparagraph (d) of the second paragraph of Additional Article 1, ten times the amount unfairly charged,

j) electronic commerce intermediary service providers that act contrary to subparagraph (e) of the second paragraph of Additional Article 1, for each electronic commerce service provider subject to the unfair practice, three hundred thousand Turkish liras,

k) electronic commerce intermediary service providers that act contrary to subparagraph (a) of the first paragraph of Additional Article 2, at the rate of five per cent of the net sales amount of the calendar year preceding the date on which the violation occurred,

l) electronic commerce intermediary service providers that act contrary to subparagraph (b) of the first paragraph and subparagraph (f) of the second paragraph of Additional Article 2, not less than one hundred thousand Turkish liras, at the rate of five per ten thousand of the net sales amount of the calendar year preceding the date on which the violation occurred,

m) electronic commerce intermediary service providers that act contrary to subparagraph (ç) of the first paragraph of Additional Article 2, for each violation, ten thousand Turkish liras,

n) electronic commerce intermediary service providers that act contrary to subparagraph (a) of the second paragraph of Additional Article 2, up to ten per cent of the net sales amount of the calendar year preceding the date on which the violation occurred,

o) electronic commerce intermediary service providers and electronic commerce service providers that act contrary to subparagraph (c) of the second paragraph of Additional Article 2, ten million Turkish liras,

ö) electronic commerce intermediary service providers and electronic commerce service providers that act contrary to subparagraphs (ç) and (d) of the second paragraph of Additional Article 2, for each notification not made within the time limit, one million Turkish liras,

p) electronic commerce intermediary service providers and electronic commerce service providers that act contrary to subparagraph (e) of the second paragraph of Additional Article 2, one million Turkish liras,

r) electronic commerce intermediary service providers, electronic commerce service providers and those providing an electronic medium for the publication of goods or services advertisements that act contrary to subparagraphs (a) and (b) of the third paragraph and the twelfth paragraph of Additional Article 2 and the seventh paragraph of Additional Article 3, ten times the amount exceeding the limit, provided that it is not less than ten per cent of the upper limit determined in accordance with the said provisions,

s) electronic commerce intermediary service providers that act contrary to subparagraph (c) of the third paragraph of Additional Article 2, for each electronic commerce service provider subject to the unfair practice, two hundred and fifty thousand Turkish liras,

ş) electronic commerce intermediary service providers and electronic commerce service providers that act contrary to subparagraph (ç) of the fourth paragraph of Additional Article 2, twenty million Turkish liras,

an administrative fine shall be imposed."

"(3) An administrative fine of ten million Turkish liras shall be imposed on electronic commerce intermediary service providers and electronic commerce service providers that act contrary to subparagraphs (a) and (b) of the fourth paragraph of Additional Article 2 and the first paragraph of Additional Article 4 of this Law, and on electronic commerce intermediary service providers that act contrary to subparagraph (c) of the fourth paragraph of Additional Article 2, and sixty days shall be given to eliminate the violation. If the violation is not eliminated within this period, an administrative fine of twenty million Turkish liras shall be imposed and thirty days shall be given to eliminate the violation. If the violation is not eliminated within the given period, an administrative fine of forty million Turkish liras shall be imposed and fifteen days shall be given to eliminate the violation. The notification regarding the granting of this period shall state that, if the violation is not eliminated within the fifteen-day period, the Ministry may decide to remove the content and/or block access. From this notification onwards, only business and transactions relating to past orders shall be carried out. If the violation is not eliminated within the given period, the Ministry may decide to remove the content and/or block access to the relevant internet addresses of the electronic commerce intermediary service provider and/or the electronic commerce service provider. This decision shall be sent to the Access Providers Association. The requirements of the decisions to remove content and/or block access sent by the Association to the relevant content and hosting providers and access providers shall be fulfilled immediately by the relevant content and hosting providers and access providers. An application may be made to the criminal judgeship of peace against the decision to remove content and/or block access. An objection may be lodged against the decision given by the criminal judgeship of peace in accordance with the provisions of the Criminal Procedure Code No. 5271 dated 4/12/2004.

(4) Despite the imposition of the administrative fines stated in the first paragraph, where the violation is not ended within the period given by the Ministry or the same violation is repeated within one year from the date of notification of the fine, an administrative fine of twice the previous fine shall be imposed.

(5) Where the acts subject to the administrative fines stated in the first paragraph are committed through business and transactions aimed at misleading the Ministry, the said fines shall be imposed at ten times the amount.

(6) The total amount of the administrative fines stated in this article for one calendar year may not exceed five hundred million Turkish liras for an intermediary service provider or service provider whose net transaction volume is below the monetary threshold stated in the first sentence of the fourth paragraph of Additional Article 2. This provision shall not apply to those on whom an administrative sanction is imposed within the scope of the fifth paragraph."

ARTICLE 7- The following additional article has been added to Law No. 6563.

"Unfair commercial practices in electronic commerce

ADDITIONAL ARTICLE 1- (1) Unfair commercial practices may not be engaged in in electronic commerce. The practices of an electronic commerce intermediary service provider that materially distort the commercial activities of the electronic commerce service provider to which it provides intermediary services, reduce its ability to make reasonable decisions, or force it to take a particular decision and thereby cause it to become a party to a commercial relationship to which it would not normally be a party, are deemed unfair.

(2) The following practices shall in all cases be deemed unfair commercial practices:

a) Failure to make in full the payment due to the electronic commerce service provider in return for the sale of goods or services, at the latest within five business days from the date on which the sales price came under the disposal of the electronic commerce intermediary service provider and the order reached the buyer.

b) Forcing the electronic commerce service provider to sell goods or services on a campaign basis, including unilateral changes to the sales price by the electronic commerce intermediary service provider.

c) Failure to determine the conditions of the commercial relationship with the electronic commerce service provider by an intermediation contract made in writing or in an electronic medium, or failure to ensure that this contract is clear, understandable and easily accessible by the electronic commerce service provider.

ç) Making retroactive or unilateral changes to the provisions of the intermediation contract to the detriment of the electronic commerce service provider, or including in the intermediation contract any provision enabling this.

d) Charging a fee to the electronic commerce service provider where no service has been provided, or where the type of the service provided and the amount or rate of the service fee are not specified in the intermediation contract.

e) Demoting the electronic commerce service provider in the ranking or recommendation system, or restricting, suspending or terminating the service provided to the electronic commerce service provider, where no objective criterion is included in the intermediation contract or on the grounds that it has applied to public institutions or judicial authorities.

(3) In the application of subparagraph (a) of the second paragraph, payments made to a payment service provider with which the electronic commerce intermediary service provider is in economic integrity shall be deemed to have been made to the electronic commerce intermediary service provider."

ARTICLE 8- The following additional article has been added to Law No. 6563.

"Obligations of electronic commerce intermediary service providers

ADDITIONAL ARTICLE 2- (1) The electronic commerce intermediary service provider is obliged to comply with the following:

a) It may not offer for sale, or act as an intermediary for the sale of, goods bearing its own brand or the brand of persons with which it is in economic integrity, or goods for which it holds the right to use a brand, in the electronic commerce marketplaces in which it provides intermediary services. Where such goods are offered for sale in a different electronic commerce environment, it may not provide access between these environments and may not promote one another. This provision shall not apply to goods bearing the brand of persons who derive more than half of their total sales revenue from sales other than electronic commerce, or goods for which it holds the right to use the brand.

b) It shall enable the electronic commerce service provider to include, in the electronic commerce marketplace where the sale is made, the information contained in the documents that it must issue under the Tax Procedure Law No. 213 dated 4/1/1961.

c) Without obtaining the prior positive declaration of intent, in writing or in an electronic medium, of an electronic commerce intermediary service provider or electronic commerce service provider, it may not engage in marketing and promotion activities on online search engines by using their registered trademarks that constitute the main element of their domain names registered with ETBİS.

ç) The electronic commerce intermediary service provider shall verify the identifying information of the electronic commerce service provider on the basis of documents obtained from it or from the electronic systems of the relevant institutions that are open to access.

(2) An electronic commerce intermediary service provider whose net transaction volume in a calendar year exceeds ten billion Turkish liras is obliged, in addition to the obligations stated in the first paragraph, to comply with the following:

a) It shall use the data obtained from the electronic commerce service provider and the buyer only for the purpose of providing intermediary services, and may not use it when competing with electronic commerce service providers in the electronic commerce marketplaces in which it provides intermediary services or in other electronic commerce environments.

b) It shall provide the technical means for the electronic commerce service provider to transfer, free of charge, the data obtained through its sales, and to have free and effective access to this data and to the processed data derived from it.

c) Except for the electronic commerce environments included in the net transaction volume, it may not provide access between its own electronic commerce environments and may not promote one another in these environments.

ç) Except for shares monitored on a book-entry basis on the stock exchange pursuant to Article 13 of Law No. 6362, it shall notify the Ministry of transfers or acquisitions of shares by company partners reaching five per cent and its multiples, within one month from the date on which the transfer or acquisition that results in these ratios being reached is entered in the share ledger.

d) In the event that it establishes a company, takes over the shares of an established company or transfers such shares, it shall notify the Ministry of these transactions within one month from the registration of the establishment in the trade registry in the case of establishment, and from the date on which the transfer is entered in the share ledger in the case of transfer.

e) It shall send to the Ministry, in accordance with the procedures and principles determined by the Ministry, an audit report prepared by an independent audit firm authorised by the Capital Markets Board (SPK) under Law No. 6362, showing the activities of the electronic commerce intermediary service provider, its management and organisation structure, its current shareholders and their shareholding ratios, its affiliates and its shareholding ratios in its affiliates, information on the persons with which it is in economic integrity, its financial position including its financial statements, its compliance with the obligations stated in subparagraphs (a) and (b) of the third paragraph and in Additional Article 4, and other matters determined by regulation.

f) It shall send to the Ministry, in accordance with the procedures and principles determined by the Ministry, a report containing the procedures aimed at identifying violations of legislation regarding the content provided by the electronic commerce service provider and the violations identified as a result thereof.

(3) An electronic commerce intermediary service provider whose net transaction volume in a calendar year exceeds thirty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds one hundred thousand is obliged, in addition to the obligations stated in the first and second paragraphs, to comply with the following:

a) With respect to the amount of its net transaction volume to which the twelve-month average rate of change of the Consumer Price Index for the same calendar year has been applied, it may make advertising expenditure in the following calendar year of up to two per cent of that amount in respect of its thirty-billion-Turkish-lira portion, and of up to three per thousand of that amount in respect of the portion exceeding thirty billion Turkish liras. The amount calculated accordingly constitutes the total advertising budget of the electronic commerce intermediary service providers included in the net transaction volume and of the electronic commerce service providers that are in their economic integrity and operate in the electronic commerce marketplace. This budget shall be shared between the electronic commerce intermediary service provider and the electronic commerce service providers in proportion to their contribution to the net transaction volume, and a maximum of one quarter of it may be used in each three-month period of a calendar year.

b) With respect to the amount of its net transaction volume to which the twelve-month average rate of change of the Consumer Price Index for the same calendar year has been applied, it may offer promotions, rewards, points, coupons, gift vouchers and similar facilities in the following calendar year of up to two per cent of that amount in respect of its thirty-billion-Turkish-lira portion, and of up to three per thousand of that amount in respect of the portion exceeding thirty billion Turkish liras. The amount calculated accordingly constitutes the total discount budget that may be provided by the electronic commerce intermediary service provider and the persons with which it is in economic integrity to buyers and electronic commerce service providers in the electronic commerce marketplace, and a maximum of one quarter of it may be used in each three-month period of a calendar year. The costs incurred on behalf of the buyer and the electronic commerce service provider and the economic benefits provided to them shall also be assessed within this scope. The Ministry, this

In the Law on the Regulation of Electronic Commerce

Law Concerning the Making of Amendments

Law No. 7416

Date of Adoption: 1/7/2022

ARTICLE 1- The following paragraph has been added to Article 1 of the Law on the Regulation of Electronic Commerce No. 6563 dated 23/10/2014.

ğ) Electronic commerce environment: Platforms such as a website, mobile site or mobile application on which electronic commerce activity is carried out,

h) Electronic commerce marketplace: The electronic commerce environment in which the electronic commerce intermediary service provider offers its intermediary services,

ARTICLE 3- Article 9 of Law No. 6563 has been amended, together with its heading, as follows.

"Unlawful content

ARTICLE 4- Article 10 of Law No. 6563 has been repealed.

"(6) The Ministry is authorised to determine the procedures and principles for the application to intermediary service providers of the obligations regulated in Articles 3, 4, 5, 6, 7 and 8.

"(1) Under this Law;

e) those who act contrary to the third paragraph of Article 11, from fifty thousand Turkish liras up to two hundred and fifty thousand Turkish liras,

f) natural persons and private-law legal entities that act contrary to the fourth paragraph of Article 11, from fifty thousand Turkish liras up to two hundred and fifty thousand Turkish liras,

i) electronic commerce intermediary service providers that act contrary to subparagraph (d) of the second paragraph of Additional Article 1, ten times the amount unfairly charged,

m) electronic commerce intermediary service providers that act contrary to subparagraph (ç) of the first paragraph of Additional Article 2, for each violation, ten thousand Turkish liras,

an administrative fine shall be imposed."

ARTICLE 7- The following additional article has been added to Law No. 6563.

"Unfair commercial practices in electronic commerce

(2) The following practices shall in all cases be deemed unfair commercial practices:

ARTICLE 8- The following additional article has been added to Law No. 6563.

"Obligations of electronic commerce intermediary service providers

ADDITIONAL ARTICLE 2- (1) The electronic commerce intermediary service provider is obliged to comply with the following:

c) It may not restrict the commercial relations of the electronic commerce service provider, its offering of goods or services at the same or a different price through alternative channels, or its advertising, and may not force it to procure goods or services from any person. It may not include in the intermediation contract any provision enabling this.

(4) Electronic commerce intermediary service providers whose net transaction volume in a calendar year exceeds sixty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds one hundred thousand are obliged, in addition to the obligations stated in the first, second and third paragraphs, to comply with the following:

a) In the electronic commerce marketplaces in which it provides intermediary services, it may not enable banks with which it is in economic integrity, or companies within the scope of Law No. 6361, to engage in activity relating to the performance of any kind of services they offer, including lending, excluding credit payment transactions made by credit card within the scope of the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and other payment transactions.

b) In the electronic commerce marketplaces in which it provides intermediary services;

1) It may not enable activity relating to the acceptance of electronic money issued by electronic money institutions within the scope of Law No. 6493 with which it is in economic integrity.

2) It may not offer services relating to instruments that fall outside the scope of Law No. 6493 pursuant to subparagraph (h) of the second paragraph of Article 12 and the fifth paragraph of Article 18 of Law No. 6493, or enable the offering of these services by persons with which it is in economic integrity.

c) With respect to the sales in the electronic commerce marketplaces in which it provides intermediary services, excluding the sales it makes itself as an electronic commerce service provider and sales other than electronic commerce, it may not engage in the activities of freight transportation within the scope of the Road Transport Law No. 4925 dated 10/7/2003, of transport organiser within the scope of Decree-Law No. 655 on Certain Regulations Concerning Transport and Infrastructure dated 26/9/2011, and of postal service provider within the scope of the Postal Services Law No. 6475 dated 9/5/2013.

ç) Where it provides an electronic medium for the publication of goods or services advertisements, it may not enable the conclusion of contracts or the placing of orders for the supply of goods or services in the same medium. Where these services are provided by it or by persons with which it is in economic integrity in different electronic media, it may not provide access between these media and may not promote one another.

(5) Subparagraph (a) of the first paragraph shall not apply to periodicals such as magazines and newspapers, and to books and e-book readers.

(6) In the application of subparagraphs (a) and (c) of the second paragraph, the persons with which the electronic commerce intermediary service provider is in economic integrity shall also be included in the assessment. Subparagraphs (a) and (b) of the fourth paragraph shall also apply to the electronic commerce intermediary service providers included in the net transaction volume of the electronic commerce intermediary service provider and to the electronic commerce service providers that are in their economic integrity and operate in the electronic commerce marketplace.

(7) In the calculation of the net transaction volume, number of transactions and total sales revenue under this article, and in the use of the amounts calculated under subparagraphs (a) and (b) of the third paragraph, transactions directed abroad shall not be taken into account.

(8) With regard to an electronic commerce intermediary service provider exceeding the thresholds stated in the second, third and fourth paragraphs, subparagraphs (a), (c), (ç) and (d) of the second paragraph and the third paragraph shall apply from the beginning of the calendar year following the year in which the thresholds are exceeded. Compliance with the other obligations stated in these paragraphs shall be ensured within the first three months of the calendar year following the year in which the thresholds are exceeded. In determining whether the threshold stated in the fourth paragraph has been exceeded, excesses of the threshold below five per cent shall not be taken into account. The second, third and fourth paragraphs shall not apply, for as long as this situation continues, to an electronic commerce intermediary service provider that remains below the thresholds in any calendar year.

(9) Where the total of the net transaction volumes and numbers of transactions of electronic commerce intermediary service providers that are in economic integrity exceeds the thresholds stated in the first sentence of the fourth paragraph, subparagraph (c) of the fourth paragraph shall apply to each of these electronic commerce intermediary service providers.

(10) The monetary thresholds stated in this article shall be increased each year in accordance with the annual rate of change of the electronic commerce volume calculated using ETBİS data. These thresholds to be applied to the net transaction volume of the calendar year preceding the date of the increase, and the annual rate of change of the electronic commerce volume, shall be announced on the Ministry's website by the end of February at the latest.

(11) This article shall not apply to electronic commerce marketplaces in which products bearing the brand of the electronic commerce intermediary service provider are offered for sale exclusively under contracts such as dealership and agency.

(12) The advertising and discount budgets of each of the electronic commerce intermediary service providers that are in the economic integrity of an electronic commerce intermediary service provider whose net transaction volume in a calendar year exceeds thirty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds one hundred thousand, or of an electronic commerce service provider whose net transaction volume in a calendar year exceeds thirty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds ten million, that remain below these thresholds and are not included in the net transaction volume of the electronic commerce intermediary service provider, and of each of those that are in economic integrity and provide an electronic medium for the publication of goods or services advertisements, may not exceed twenty per cent of each of the advertising and discount budgets calculated under subparagraphs (a) and (b) of the third paragraph."

ARTICLE 9- The following additional article has been added to Law No. 6563.

"Obligations of electronic commerce service providers

ADDITIONAL ARTICLE 3- (1) Unless it obtains a positive declaration of intent in writing or in an electronic medium, an electronic commerce service provider may not engage in marketing and promotion activities on online search engines by using the registered trademark that constitutes the main element of the domain name registered with ETBİS of persons with which it is not in economic integrity.

(2) The provisions remaining outside subparagraphs (c), (ç), (d) and (e) of the second paragraph of Additional Article 2 and the fourth and seventh paragraphs of Additional Article 4 shall apply by analogy to an electronic commerce service provider whose net transaction volume in a calendar year exceeds ten billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds ten million. In the calculation of the licence fee regulated in Additional Article 4, sales made abroad by the electronic commerce service provider through its own electronic commerce environments shall not be included.

(3) In addition to the obligations stated in the second paragraph, subparagraphs (a) and (b) of the third paragraph of Additional Article 2 shall apply by analogy to an electronic commerce service provider whose net transaction volume in a calendar year exceeds thirty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds ten million.

(4) In addition to the obligations stated in the second and third paragraphs, subparagraphs (a), (b) and (ç) of the fourth paragraph of Additional Article 2 shall apply by analogy to an electronic commerce service provider whose net transaction volume in a calendar year exceeds sixty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds ten million.

(5) The seventh and eighth paragraphs of Additional Article 2 shall apply by analogy to the electronic commerce service providers within the scope of this article.

(6) The tenth paragraph of Additional Article 2 shall apply to the thresholds in the second, third, fourth and seventh paragraphs.

(7) The advertising and discount budgets of each of the electronic commerce service providers that are in the economic integrity of an electronic commerce intermediary service provider whose net transaction volume in a calendar year exceeds thirty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds one hundred thousand, or of an electronic commerce service provider whose net transaction volume in a calendar year exceeds thirty billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds ten million, that remain below the thresholds stated in the third paragraph and are not included in the net transaction volume of the intermediary service provider, may not exceed twenty per cent of each of the advertising and discount budgets calculated under subparagraphs (a) and (b) of the third paragraph of Additional Article 2.

(8) This article shall not apply to electronic commerce service providers that derive more than half of their total sales revenue from sales other than electronic commerce."

ARTICLE 10- The following additional article has been added to Law No. 6563.

"Electronic commerce licence

ADDITIONAL ARTICLE 4- (1) An electronic commerce intermediary service provider whose net transaction volume in a calendar year exceeds ten billion Turkish liras and whose number of transactions, excluding cancellations and returns, exceeds one hundred thousand is obliged to obtain a licence from the Ministry and to renew its licence in order to continue its activity. The application for obtaining a licence shall be made in March of the calendar year following the date on which the thresholds are exceeded, and the application for renewal of the licence shall be made in March of each calendar year for as long as the thresholds are exceeded.

(2) Where the document showing that the licence fee has been paid is presented at the time of the application for obtaining or renewing a licence, the licence shall be granted or renewed without any other condition being sought.

(3) Where the net transaction volume of the electronic commerce intermediary service provider realised in a calendar year is;

a) between ten billion Turkish liras and twenty billion Turkish liras, three per ten thousand of the portion exceeding ten billion Turkish liras,

b) between twenty billion Turkish liras and thirty billion Turkish liras, in addition to the amount calculated under subparagraph (a), five per thousand of the portion exceeding twenty billion Turkish liras,

c) between thirty billion Turkish liras and forty billion Turkish liras, in addition to the amounts calculated under subparagraphs (a) and (b), one per cent of the portion exceeding thirty billion Turkish liras,

ç) between forty billion Turkish liras and fifty billion Turkish liras, in addition to the amounts calculated under subparagraphs (a), (b) and (c), five per cent of the portion exceeding forty billion Turkish liras,

d) between fifty billion Turkish liras and fifty-five billion Turkish liras, in addition to the amounts calculated under subparagraphs (a), (b), (c) and (ç), ten per cent of the portion exceeding fifty billion Turkish liras,

e) between fifty-five billion Turkish liras and sixty billion Turkish liras, in addition to the amounts calculated under subparagraphs (a), (b), (c), (ç) and (d), fifteen per cent of the portion exceeding fifty-five billion Turkish liras,

f) between sixty billion Turkish liras and sixty-five billion Turkish liras, in addition to the amounts calculated under subparagraphs (a), (b), (c), (ç), (d) and (e), twenty per cent of the portion exceeding sixty billion Turkish liras,

g) above sixty-five billion Turkish liras, in addition to the amounts calculated under subparagraphs (a), (b), (c), (ç), (d), (e) and (f), twenty-five per cent of the portion exceeding sixty-five billion Turkish liras,

a licence fee shall be paid at these rates.

(4) In determining whether the thresholds in this article have been exceeded, the net transaction volumes and numbers of transactions of electronic commerce intermediary service providers that are in economic integrity shall be taken into account. Where the total of the net transaction volumes and numbers of transactions exceeds the thresholds stated in the first paragraph, each of these electronic commerce intermediary service providers shall apply for obtaining and renewing a licence. The licence fee shall be collected from the electronic commerce intermediary service providers in proportion to the net transaction volumes realised in their electronic commerce marketplaces in the previous calendar year.

(5) The licence fee shall be collected in advance by the Ministry. The amounts collected shall be recorded as revenue in the general budget.

(6) The monetary thresholds stated in this article shall be increased each year in accordance with the annual rate of change of the electronic commerce volume calculated using ETBİS data. These thresholds to be applied to the net transaction volume of the calendar year preceding the date of the increase, and the annual rate of change of the electronic commerce volume, shall be announced on the Ministry's website by the end of February at the latest.

(7) In the calculation of the licence fee, sales made abroad through the electronic commerce marketplaces of the electronic commerce intermediary service provider and of the electronic commerce intermediary service providers with which it is in economic integrity shall not be included.

(8) The procedures and principles regarding the granting and renewal of the licence, the payment of the licence fee, the determination of the annual rate of change of the electronic commerce volume and the application of this article shall be regulated by a regulation issued in accordance with the provisions of this Law.

(9) This article shall not apply to electronic commerce marketplaces in which products bearing the brand of the electronic commerce intermediary service provider are offered for sale exclusively under contracts such as dealership and agency."

ARTICLE 11- The following provisional article has been added to Law No. 6563.

"Adaptation process

PROVISIONAL ARTICLE 2- (1) As of the date of publication of the Law establishing this article;

a) electronic commerce intermediary service providers that offer for sale, or act as intermediaries for the sale of, goods bearing their own brand or the brand of persons with which they are in economic integrity, or goods for which they hold the right of use, in the electronic commerce marketplaces in which they provide intermediary services, in respect of subparagraph (a) of the first paragraph of Additional Article 2,

b) electronic commerce intermediary service providers that are in economic integrity with enterprises authorised as a bank under Law No. 5411 or as an electronic money institution under Law No. 6493, in respect of subparagraphs (a) and (b) of the fourth paragraph of Additional Article 2,

c) electronic commerce intermediary service providers that are in economic integrity with enterprises engaged in freight transportation under Law No. 4925, or authorised as a transport organiser under Decree-Law No. 655 or as a postal service provider under Law No. 6475, in respect of subparagraph (c) of the fourth paragraph of Additional Article 2,

shall comply with the obligations contained therein by 1/1/2024.

(2) The relevant provisions of intermediation contracts that were made before the date on which the Law establishing this article entered into force and that are not brought into conformity with this Law within six months from the same date shall be invalid.

(3) The obligation of the electronic commerce service provider to obtain a licence under Additional Article 3, and of the electronic commerce intermediary service provider to obtain a licence under Additional Article 4, shall be fulfilled as from 1/1/2025.

(4) The thresholds stated in Additional Articles 2, 3 and 4 may be increased by the President by up to one half in February 2023."

ARTICLE 12- Of this Law;

a) subparagraphs (a) and (b) of the third paragraph of Additional Article 2, added to Law No. 6563 by its Article 8, on 1/1/2023, to be applied also to the net transaction volumes for the 2022 calendar year,

b) subparagraph (b) of the second paragraph and the tenth paragraph of Additional Article 2, added to Law No. 6563 by its Article 8, and the sixth paragraph of Additional Article 4, added to the same Law by its Article 10, on 1/1/2024,

c) its other provisions on 1/1/2023,

shall enter into force.

ARTICLE 13- The provisions of this Law shall be executed by the President.

6/7/2022

Amendments to the Law on the Regulation of Electronic Commerce

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