Law on Regulation of Electronic Commerce

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Law on Regulation of Electronic Commerce

Law on Regulation of Electronic Commerce

Law No. 6563

Acceptance Date: 23/10/2014

Purpose and scope

ARTICLE 1- (1) The purpose of this Law is to regulate the principles and procedures regarding electronic commerce.

(2) This Law covers commercial communication, responsibilities of service providers and intermediary service providers, contracts with electronic communication tools, obligations to provide information regarding electronic commerce and sanctions to be applied.

Definitions

ARTICLE 2- (1) In the implementation of this Law;

  1. a) Electronic commerce: All kinds of online economic and commercial activities carried out in electronic environment without physical confrontation,
  2. b) Commercial communication: All kinds of communication related to electronic commerce, in order to gain profit within the scope of professional or commercial activities, except for domain names and e-mail addresses,
  3. c) Commercial electronic message: Data, voice and image content messages sent for commercial purposes made electronically by using means such as telephone, call centers, fax, automatic call machines, smart voice recorder systems, electronic mail, short message service,

ç) Service provider: Real or legal persons engaged in electronic commerce activities,

  1. d) Intermediary service provider: Real and legal persons who provide the electronic trade environment for the economic and commercial activities of others,
  2. e) Ministry: means the Ministry of Customs and Trade.

Obligation to provide information

ARTICLE 3- (1) Service provider, before a contract is made with electronic communication tools;

  1. a) Introductory information in a way that is easily accessible to buyers,
  2. b) Information on the technical steps to be followed to establish the contract,
  3. c) Information on whether the text of the contract will be stored by the service provider after the establishment of the contract and whether the recipient will be able to access this contract later and for how long,

ç) Information on technical tools for the identification and correction of errors in data entry in a clear and understandable way,

  1. d) Provides information on applied privacy rules and alternative dispute resolution mechanisms, if any.

(2) The service provider specifies the professional chamber and the code of conduct regarding the profession, if any, and how they can be accessed electronically.

(3) In cases where the parties are not consumers, the parties can decide otherwise, in the first and second paragraphs.

(4) The service provider allows the terms of the contract and general transaction terms to be kept by the buyer.

(5) The first and second paragraphs do not apply to contracts made exclusively by e-mail or similar individual communication tools.

Order

ARTICLE 4- (1) The following principles are valid for orders placed by electronic communication tools:

  1. a) The service provider ensures that the terms of the contract are clearly visible to the buyer, including the total price he will pay before the order is confirmed and before the payment information is entered.
  2. b) The service provider confirms the receipt of the order by the electronic communication means without delay.
  3. c) The confirmation that the order and the order has been received shall be deemed to have taken place when the parties have access to such statements.

(2) The service provider provides the buyer with appropriate, effective and accessible technical tools to identify and correct data entry errors prior to ordering.

(3) In cases where the parties are not consumers, the parties can decide otherwise, in the first and second paragraphs.

(4) Paragraphs (a) and (b) of the first paragraph and the second paragraph do not apply to agreements made exclusively by electronic mail or similar individual communication means.

Principles of commercial communication

ARTICLE 5- (1) In commercial communication:

  1. a) Information that enables commercial communication and the real or legal person to be made on behalf of this communication can be clearly identified.
  2. b) This quality of promotions such as discounts and gifts and contests or games for promotional purposes should be clearly determined, the conditions of participation and use of them should be easily accessible and these conditions should be clear and understandable.

Commercial electronic messaging requirement

ARTICLE 6- (1) Commercial electronic messages can be sent to the recipients only if they have their prior approval. This consent can be obtained in writing or by any means of electronic communication. In the event that the buyer provides the contact information for the purpose of contacting him, no further approval is obtained for commercial electronic messages for changes, use and maintenance regarding the goods or services provided.

(2) Commercial electronic messages can be sent to tradesmen and traders without prior approval.

Content of the commercial electronic message

ARTICLE 7- (1) The content of the commercial electronic message must conform to the approval received from the recipient.

(2) The message contains information that enables the recognition of the service provider and accessible contact information such as phone number, fax number, text message number and e-mail address depending on the type of communication.

(3) In the message, depending on the type of communication, information about who is done on behalf of the message, if it is done on behalf of someone else and the subject of the message.

Buyer’s right to refuse commercial electronic message

ARTICLE 8- (1) Recipients may refuse to receive commercial electronic messages at any time without giving any reason.

(2) The service provider is obliged to ensure that the rejection notification is transmitted easily and free of charge via electronic communication tools and to provide the necessary information in the message he sent.

(3) After the request is received, the service provider stops sending electronic messages to the buyer within three business days.

Liabilities of intermediary service providers

ARTICLE 9- (1) Intermediary service providers are not obliged to control the content provided by real and legal persons using the electronic medium they serve, and to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to this content.

(2) The procedures and principles regarding the implementation of the obligations stipulated in articles 3, 4, 5, 6, 7 and 8 of this Law to intermediary service providers are determined by a regulation.

Protection of personal data

ARTICLE 10- (1) Service provider and intermediary service provider:

  1. a) He is responsible for the storage and security of personal data he has obtained due to the transactions he has made under this Law.
  2. b) Can not transmit personal data to third parties without the consent of the person concerned and use it for other purposes.

Ministry authority

ARTICLE 11- (1) The Ministry is authorized to take all kinds of measures and supervise the implementation of this Law and the development of electronic commerce.

(2) Supervision personnel appointed by the Ministry are authorized to request, review and take samples of all kinds of information, documents and books related to matters that fall under the authority of the Ministry within the scope of this Law, and those concerned are required to obtain the information, documents and books and their electronic records. is obliged to provide examples of these in a flawless and truthful manner, to meet requests for written and verbal information, and to show all kinds of help and convenience.

Criminal provisions

ARTICLE 12- (1) This Law;

  1. a) From service providers and intermediary service providers acting in violation of the obligations in Article 3, the obligations in paragraph (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 lira to five thousand Turkish lira,
  2. b) Service providers and intermediary service providers acting in contradiction with the obligations in paragraph (b) of the first paragraph of Article 4 or in the second paragraph of Article 5, paragraph (a) or paragraph 7 and Article 7 of the same article, ten thousand Turkish lira up to lira,
  3. c) From two thousand Turkish liras to fifteen thousand Turkish lira, to service providers and intermediary service providers who act in contradiction with the obligations in paragraph (b) of the first paragraph of Article 5 and in the second and third paragraphs of Article 8,

ç) Those who act in contradiction with the second paragraph of Article 11 shall be fined from two thousand Turkish lira to five thousand Turkish lira.

(2) In the event that a message is sent to more than one person contrary to the first paragraph of Article 6, the administrative penalty stipulated in the paragraph (a) of the first paragraph shall be increased by up to ten times.

(3) The authority to impose administrative fines stipulated in this article belongs to the Ministry. This authority can be transferred to the relevant general directorate of the Ministry in the center and to the provincial directorates of the Ministry in the provinces.

regulations

ARTICLE 13- (1) Regulations regarding the implementation of this Law; It is prepared by the Ministry by taking the opinions of the Ministry of Justice, the Ministry of Finance, the Ministry of Transport, Maritime Affairs and Communications and the Ministry of Economy and Information Technologies and Communication Authority.

Legislated amendment

ARTICLE 14- (1) The fifth paragraph of the 50th article of the Electronic Communication Law No. 5809 dated 5/11/2008 has been amended as follows, the following paragraphs have been added to the item and other paragraphs have been corrected accordingly.

“(5) The operators cannot communicate with subscribers and users regarding the services they offer, for purposes such as marketing or sexual content transmission, using electronic communication tools such as automatic search machines, faxes, e-mail, and text messages without prior consent. Operators cannot communicate with their subscribers and users with political propaganda regarding the services they offer. ”

“(6) Marketing of the same or similar goods or services without the prior consent of subscribers and users, provided that the contact information of the subscribers and users is obtained during the provision of a good or service, by informing them that such communication will take place and by providing the opportunity to reject it, Communication can be made for promotion, modification and maintenance services.

(7) Subscribers and users are provided with an easy and free way to refuse such communications and withdraw their consent. ”

Databases created with approval

TEMPORARY ARTICLE 1- (1) The first paragraph of Article 6 does not apply to databases that have been created with the purpose of sending commercial electronic messages prior to the effective date of this Law.

ARTICLE 15- (1) This Law comes into force on 1/5/2015. Executive

ARTICLE 16- (1) The provisions of this Law are executed by the Council of Ministers.