After long years of legislative procedure, the law number 6563 on the regulation of electronic commerce was enacted on 5 November 2014. The new law sets out obligations for persons who provide services through electronic means in order to enable the recipient of electronic services to identify the product or service to be purchased and to avoid misleading information. The law also regulates the prevention of unsolicited electronic commercial communication. 

Requirement to provide information
Providers of electronic services must make available the following information to recipients before entering into an agreement via electronic communication tools:

• Up-to-date introductory information regarding the service provider in a way that the information can be easily accessed by recipients, 
• Information with respect to technical steps to follow in order to sign the agreement, 
• Information on whether or not the copy of the agreement will be kept by the service provider after the agreement is concluded, and whether or not the recipient will have access to this copy and for how long such access will be provided, 
• Information regarding electronic tools that allow the recipient to identify and correct input errors, 
• Information about confidentiality regulations and, if they exist, alternative dispute resolution mechanisms, 
• Information on the professional association of which the service provider is a member, codes of professional conduct he follows and how such codes can be accessed electronically.

If a service provider violates these general information duties, he commits an administrative offence which is fined with an amount of up to TL 5,000 (approx. EUR 1,800).

Placing an Order
The service provider ensures that the terms of the agreement, including the total payment, are clearly visible to the recipient at the order approval stage before payment information is entered. He has to acknowledge receipt of the recipient's order without undue delay and by electronic means. Furthermore, he should make available to the recipient of the service appropriate, effective and accessible technical means allowing him to identify and correct input errors, prior to the placing of the order. 

A service provider has to provide the terms of the agreement as well as the general terms and conditions to the user in such a way that the user can save and reproduce them. Such information duties do not apply to contracts which are exclusively concluded by electronic post or a comparable individual means of communication. These regulations are not mandatory either in B2B transactions. 

Advertisement by email and SMS
Commercial electronic communication – including SMS - can be sent only upon the prior consent of the consumer. This consent can be obtained in writing or by any kind of electronic communication means.  A violation of this rule is punished with a monetary fine of up to TL 50,000 (approx. EUR 18,000). 

Contrary to German law, however, advertisement emails or SMS may still be circulated in the B2B field without consent. 

The law will enter into force on 1 May 2015. 

Dr. Gökce Uzar Schüller, Attorney (Istanbul and Munich)