E - Commerce Law in Turkey
- Av. Mert Gürkaynak
- 2 days ago
- 12 min read
(This document provides general information and does not constitute legal advice. Application to specific cases requires separate legal assessment.)
Introduction
1.1 Definition & Scope
E-commerce in Turkey covers the electronic offering, sale, marketing, and
distribution of goods and services through information and communication technologies
(primarily the internet). The concept spans several commercial models, including:
B2C (Business to Consumer): most regulated and consumer protection heavy.
B2B (Business to Business): contractual freedom is greater, but consumer
protection rules do not apply directly.
C2C (Consumer to Consumer): platforms facilitating C2C transactions may
have specific obligations.
Marketplace & Multi-sided platforms: platform operators that connect buyers
and sellers and provide auxiliary services (payments, delivery, dispute handling).
E-commerce also includes digital services and digital content distributed online
(software downloads, subscriptions, streaming, SaaS). The regulatory perimeter often
depends on whether the user is a consumer and whether the service targets the Turkish
market.
1.2 Legislative Framework — Key Statutes & Secondary Regulations
The Turkish e-commerce regulatory framework is a layered mix of primary
statutes and sectoral/administrative regulations. Core laws include:
Law on the Regulation of Electronic Commerce No. 6563 (E-Commerce
Law): Primary statute for obligations of service providers and sellers operating
online.
Law on the Protection of the Consumer No. 6502 (Consumer Protection
Law): Establishes consumer rights (withdrawal, pre-contractual disclosure,
liability for defects).
Personal Data Protection Law No. 6698 (KVKK): Governs personal data
collection, processing, transfer, and breach notification duties.
Turkish Commercial Code No. 6102 and Code of Obligations No. 6098:
Commercial contracts, company duties and general obligations.
Sectoral laws and regulations - e.g. Payment Services, Financial Markets,
Health, Pharmaceuticals, Food Safety, Broadcasting (where applicable).
Regulatory communiqués and Ministry of Trade directives - practical rules,
sanction scales, consumer guide lines and procedural details (registration,
reporting and enforcement practices).
1.3 Why It Matters — Business & Consumer Implications
Turkey is a large and rapidly growing e-commerce market. For businesses this means:
Regulatory complexity: overlapping obligations across consumer law, data
protection, advertising and competition law.
Enforcement intensity: proactive administrative enforcement by the Ministry of
Trade and potential civil suits and collective actions.
Operational risk: reputational, commercial, and financial consequences for non-
compliance.
For consumers, the framework provides robust protections designed to ensure
transparency, redressability, and safety in digital transactions.
Definitions & Covered Parties
2.1 Key Terms (Practical Definitions)
Service Provider / Platform Operator: Entity operating an online marketplace,
platform, or intermediary services that enable the sale of goods or services.
Seller: Natural or legal person offering goods/services to end customers via an e-
commerce interface.
Intermediary Service Provider (ISP / Hosting Provider): Entities that transmit,
store, or cache data on behalf of others; typically enjoy limited liability under
certain conditions.
Consumer / Recipient of Service: A natural person acting for purposes outside
their trade, business, or profession.
Digital Content / Service: Non-tangible goods delivered electronically (e-books,
apps, streaming services, SaaS).
2.2 Who Is Regulated — Territorial & Targeting Tests
Domestic entities: Companies resident in Turkey offering goods or services via
electronic networks.
Foreign entities: Non-resident providers targeting Turkish consumers (local
language site, pricing in TRY, Turkish contact details, marketing to Turkey) can
fall within Turkish jurisdiction and enforcement.
Platforms, Market Providers: Even where sellers are third parties, platforms
may carry legal obligations identity verification, supplier information, takedown
procedures, and some consumer guarantees.
2.3 Distinguishing Platform vs Seller vs Intermediary
Platforms are increasingly treated as active participants rather than passive
facilitators; courts and regulators examine the degree of control, data use, and
commercial integration when allocating liability.
Sellers retain primary responsibility for product conformity, delivery, returns and
pre-contractual disclosure.
Intermediaries may be shielded from liability if they act as passive conduits or
mere technical hosts; but this protection can be limited by duties to respond to
lawful takedown requests or regulator orders.
Obligations & Compliance
3.1 Information Disclosure | Pre-Contractual & Post-Contractual
Sellers and service providers must provide clear, accurate and accessible information
before the contract is concluded. Typical mandatory information includes:
Corporate identity and trade name, registered office, contact details (telephone,
e-mail).
Price breakdown (price, taxes, additional fees such as shipping or handling),
currency and billing terms.
Essential characteristics and compatibility of the goods/services.
Payment, delivery and performance terms and timelines.
Right of withdrawal (cooling off period), return procedures and the model
withdrawal form.
After sales guarantees and support information.
3.2 Contract Terms & Electronic Contracting
Electronic record retention: Contracts, invoices and communications must be
stored and made accessible to consumers upon request.
Unfair terms: Clauses that unilaterally disadvantage consumers (excessive
limitation of liability, unilateral contract amendments without notice) are void.
Confirmation & proof: Businesses should send clear order confirmations and
keep logs to prove contractual formation and performance.
3.3 Data Protection (KVKK) — Practical Steps
Determine legal basis for processing (consent, contract performance, legitimate
interest where appropriate), apply purpose limitation, data minimization.
Draft and publish a privacy notice in Turkish and other relevant languages.
Implement technical and organizational measures to secure personal data,
conduct DPIAs for higher risk processing, and appoint a data protection officer
where advisable.
Register with VERBIS (Data Controllers’ Registry) if required under KVKK
thresholds and report data breaches to the Personal Data Protection Authority
where necessary.
3.4 Advertising, Promotions & Unfair Commercial Practices
All promotional content must be clearly labelled as commercial communication.
Comparative advertising must be factually correct and non-misleading.
Practices such as bait advertising, false scarcity claims, or undisclosed affiliation
are prohibited and can trigger enforcement actions.
Influencer marketing: ensure material connections are disclosed and contractual
responsibilities are clear.
3.5 Platform/Seller - Specific Thresholds & Enhanced Duties
The law and related others may impose enhanced obligations once platforms or
sellers exceed thresholds (e.g. volume of transactions, number of active sellers, or
turnover). These can include:
Additional reporting to the Ministry of Trade.
Mandatory registration or licensing for certain activities (e.g., payment facilitation,
regulated goods).
Increased monitoring, anti-fraud obligations, and audit readiness.
4. Regulation of Marketplaces & Intermediaries
4.1 Multi-Sided Platforms & Operational Responsibilities
Verification duties: Platforms must verify seller identity and provide buyer
access to seller contact information.
Transparency in ranking & search results: Where platforms use paid
placement, sponsored results, or algorithmic ranking that materially affects
competition, they should disclose material factors affecting rankings.
Platform liability: Active roles (fulfilment, quality control, marketing) may attract
stricter liability versus purely passive platforms.
4.2 Data Governance & Competition Concerns
Data portability and access: Issues arise when platforms leverage seller data to
develop competing products this can attract scrutiny from competition authorities.
Self-referencing & exclusivity: Practices that disadvantage third party sellers in
favor of a platform’s own products/services can lead to antitrust investigations.
4.3 Licensing, Reporting & Sectoral Rules
Sectoral licensing: Payment services, financial intermediation, travel agency
services and food delivery may require sectoral licenses or compliance with
specific regulations.
Reporting obligations: Ad hoc or periodic reporting obligations to the Ministry of
Trade or sectoral regulators may be triggered for larger platforms.
5. Intersection of IP and E-Commerce
5.1 Importance of Intellectual Property in Digital Trade
Intellectual Property (IP) rights are at the heart of e-commerce, protecting the
brands, designs, creative content, and innovations that differentiate businesses online.
In Turkey, the growth of e-commerce has been accompanied by a surge in IP
infringements, including the sale of counterfeit goods, unauthorized use of trademarks,
copyright violations, and domain name disputes. Robust IP protection is not merely a
legal requirement but a commercial necessity for maintaining brand integrity and
consumer confidence.
5.2 Key Intellectual Property Rights in E-Commerce
Trademarks: Protect brand names, logos, and slogans that identify goods and
services. Unauthorized use of identical or confusingly similar marks on online
platforms constitutes infringement under Turkish IP Law No. 6769.
Copyrights: Automatically protect creative works such as product photos,
descriptions, software code, website layouts, and music. Unauthorized
reproduction or use on e-commerce platforms is a common violation.
Patents & Industrial Designs: Online sales of products infringing patented
inventions or registered designs are illegal. Enforcement actions can include
removal of listings and civil or criminal penalties.
Domain Names: “Cybersquatting” registering domain names similar to famous
trademarks in bad faith, is prohibited. Disputes can be resolved through
alternative dispute resolution (ADR) or court actions.
5.3 Liability of E-Commerce Platforms & the Notice-and-Takedown System
A key regulatory issue is the liability of online platforms for IP infringements committed
by third-party sellers.
Legal Framework: The Turkish Industrial Property Law No. 6769 and the E-
Commerce Law establish a “notice-and-takedown” regime.
Right Holder’s Obligation: IP owners or their representatives must submit a
formal notice identifying infringing listings and providing proof of ownership.
Platform’s Obligation: Upon receiving a valid notice, the platform must
5promptly remove or disable access to the infringing material. Failure to act may result in
secondary liability for the platform.
Counter-Notice: Sellers may contest removal by submitting evidence of lawful
use. The platform must then assess the dispute fairly.
5.4 Proactive Measures and Best Practices
IP Portfolio Registration: Ensure all valuable IP assets (trademarks, designs)
are registered with the Turkish Patent and Trademark Office.
Monitoring and Enforcement: Implement proactive monitoring on e-commerce
platforms to detect counterfeits and infringements early.
Technological Solutions: Employ AI-driven image recognition and brand
protection tools for faster detection and reporting.
Clear Platform Policies: Platforms should maintain public IP policies and
streamlined channels for takedown notices.
5.5 Enforcement and Sanctions
Civil Actions: Right holders may seek injunctions, compensation, and seizure of
counterfeit goods.
Criminal Liability: Counterfeiting may result in imprisonment and judicial fines
under Turkish Penal Code provisions.
Administrative Enforcement: The Ministry of Trade can inspect and impose
fines on sellers and platforms.
Customs Recordation: Recording IP rights with Turkish Customs enables
proactive border measures and ex officio detention of counterfeit imports.
6. Consumer Protection & Dispute Resolution
6.1 Core Consumer Rights in E-Commerce
Right of Information & Transparency: Consumers must receive clear pre-
contractual information in Turkish where the consumer is targeted. This includes
the identity and contact details of the seller, essential characteristics of the
goods/services, total price with taxes and fees, delivery terms, and the right of
withdrawal.
Right of Withdrawal (Cooling off Period): In distance contracts, consumers
generally have a 14 calendar day withdrawal period starting from receipt of the
goods or conclusion of the contract for services. Exceptions include perishable
goods, sealed audio/video products, sealed software where seal is broken,
6personalized goods, and digital content supplied immediately with the consumer’s
express consent.
Conformity & Warranty Rights: Sellers are liable for nonconforming or defective
goods; consumers may demand repair, replacement, price reduction or refund,
and claim damages in appropriate cases. The initial burden of proof for defects
occurring within six months is typically on the seller.
Right to Redress & Remedies: Consumers can obtain remedies through
administrative complaint channels (Ministry of Trade), Consumer Arbitration
Committees, or civil courts depending on the dispute value and nature.
6.2 Return, Cancellation & Refund Policies - Practical Requirements
Mandatory Pre-Contractual Disclosure: Return and cancellation terms must be
disclosed before purchase. Provide a clear model withdrawal form and explain
the effects of withdrawal (e.g., refund timeline, condition of returned goods).
Who Bears Return Costs: Unless otherwise stated, consumers normally bear
return shipping costs only if they are exercising the right of withdrawal; however, if
the seller supplied the wrong or defective goods, the seller should cover return
costs.
Refund Timing & Method: Refunds must be processed without undue delay
typically within fourteen days after the seller receives the returned goods or proof
of their return. Refunds should be made using the same payment method unless
the consumer agrees otherwise.
Digital Goods & Immediate Performance: For digital content delivered
immediately after purchase, the consumer’s withdrawal right is lost if the
consumer expressly consented to immediate performance and acknowledged
that they would lose the right of withdrawal.
Restocking & Deductions: Deductions from refunds (e.g., for diminished value)
are permissible only where the consumer caused an undue reduction in the value
of the goods and this is clearly explained in the return policy.
6.3 Dispute Settlement Mechanisms & Practical Workflow
Consumer Arbitration Committees (CACs): Under Articles 66 and following of
the Consumer Protection Law No. 6502, consumers in Turkey must first apply to
a Consumer Arbitration Committee before resorting to court proceedings for
disputes falling below statutory monetary thresholds.
The Committees are required to accept all consumer applications within
their jurisdiction, and their decisions are binding on the parties. These decisions
can be enforced through execution proceedings unless challenged before a civil
court.
The system offers consumers an effective remedy that is both swift and
inexpensive, enhancing overall confidence in e-commerce transactions.
Alternative Dispute Resolution (ADR) & Online Dispute Resolution (ODR):
In addition to the statutory right to apply to the Consumer Arbitration
Committees, consumers may also pursue voluntary Alternative Dispute
Resolution mechanisms, such as mediation or arbitration, if both parties agree.
However, in practice, the Consumer Arbitration Committee process serves
as the primary and mandatory pre-litigation step in most e-commerce disputes.
For cross-border transactions, particularly those involving EU consumers
the EU Online Dispute Resolution (ODR) Platform may also be utilized, provided
it does not conflict with Turkey’s mandatory consumer protection regime.
6.4 Practical Compliance Checklist for Businesses (Consumer Facing
Operations)
Publish a clear, Turkish language returns & cancellations page linked from
product pages.
Embed the model withdrawal form into order confirmation emails.
Maintain automated logs proving timing of order, dispatch, delivery and any
consumer consents.
Train customer support on statutory timelines for refunds and complaint
escalation procedures.
Ensure packaging and product descriptions accurately reflect the items to reduce
return rates.
Keep a standard response library for CAC claims to accelerate compliant replies.
Cross Border & E-Export Considerations
7.1 Export Oriented E-Commerce from Turkey - Strategy & Legal Framing
Market Targeting & Localisation: Identify whether you are actively “targeting”
foreign jurisdictions (local language sites, local currency pricing, local marketing).
Active targeting may trigger obligation to comply with foreign consumer rules and
data protection regimes (e.g., GDPR in the EU).
Contractual Terms & Jurisdiction Clauses: Use clear choice of law and
jurisdiction clauses, but remember that in many jurisdictions consumer protection
rules may not be waived by contract for consumer contracts. For inbound Turkish
consumers, Turkish mandatory rules will usually apply.
Intellectual Property & Brand Protection: Pre-register trademarks and monitor
marketplaces; set up takedown procedures and customs recordation in key
markets where available.
7.2 Logistics, Customs & Tax — Operational Considerations
Customs Classification & Documentation: Accurately classify goods under HS
codes, prepare certificates of origin where preferential tariffs apply, and include
required labeling and safety documentation for regulated goods.
Import Duties & VAT Treatment: Understand the destination country’s
VAT/GST rules and thresholds. Some markets have marketplace collection rules
where the marketplace remits VAT on behalf of third-party sellers assess whether
this applies to your sales channels.
Incoterms & Delivery Responsibility: Clearly state delivery terms (Incoterms) in
your sales documentation to allocate responsibility for shipping, insurance and
customs clearance between seller and buyer.
Local Returns Handling & Reverse Logistics: Plan for returns processing
localized return addresses or partnerships with logistics providers can materially
reduce cost and improve consumer experience.
7.3 Regulatory Specificities & Cross Border Data Flows
Data Protection & Cross Border Transfers: Ensure cross border transfers of
personal data comply with KVKK and the target jurisdiction’s data laws. Where
transfers are restricted, implement appropriate safeguards (standard contractual
clauses, binding corporate rules or other legal mechanisms as allowed).
Product Safety & Certification: Certain categories (electronics, toys, cosmetics,
medical devices) often require local certifications, test reports, or labeling.
Noncompliance can result in seizure at the border and reputational damage.
Sanctions & Export Controls: Screen customers and partners for sanctions or
embargo restrictions and consider export licensing requirements for controlled
goods and technologies.
7.4 Practical Cross Border Checklist for Exporters
1. Map target market rules & consumer protections before listing products.
2. Adjust T&Cs and privacy policies for local legal requirements while preserving
mandatory consumer rights.
3. Integrate VAT and duties calculation into checkout to avoid unexpected costs for
buyers.
4. Partner with reliable customs brokers and logistics providers with e-commerce
expertise.
5. Implement automated HS code & document management to reduce customs
delays.
6. Monitor foreign marketplace terms and tax rules (marketplace withholding,
registration thresholds) and adopt compliance workflows.
8. Enforcement, Sanctions & Recent Amendments
Enforcement, Sanctions & Recent Amendments (Practical View)
8.1 Administrative & Civil Sanctions
Administrative fines: Authorities may impose fines for breaches of disclosure
duties, unfair advertising, or KVKK violations; fines scale with severity and may
include percentage based penalties in some regulatory texts.
Suspension & blocking: Persistent non-compliance can lead to temporary
suspension of services or access restrictions imposed by administrative
authorities.
Civil remedies: Consumers may claim compensation for damages, statutory
remedies for defective goods and injunctive relief.
8.2 Licensing Non-Compliance & Criminal Exposure
Operating regulated services (e.g., payment services) without a license may
expose operators to administrative sanctions and in some cases criminal
sanctions for specific offences.
8.3 Recent Legislative Trends (High Level)
Trend towards greater platform accountability, more prescriptive data
governance measures, and tighter consumer safeguards including clearer
rules on platform transparency and increased obligations for large marketplaces.
9. Challenges & Best Practices
9.1 Market, Specific Challenges
Rapid regulatory change: Frequent communiqués and evolving jurisprudence
require continuous monitoring.
Overlap of rules: Consumer protection, KVKK, competition and sectoral
regulations can create compliance tension (e.g., data use for pricing vs. data
protection limits).
Informal sellers & counterfeits: Marketplaces face reputational and legal risk
from rogue actors and counterfeit goods.
9.2 Practical Compliance Checklist (Actionable)
1. Legal audit: Review product pages, T&Cs, privacy policy, refund and warranty
processes.
2. Data mapping: Record what personal data you collect, why, and where it is
stored; update VERBIS registration if applicable.
3. Contracts & electronic records: Ensure order confirmations, receipts and
contracts are archived and accessible.
4. Advertising review: Create approval workflows for marketing claims and
influencer content.
5. Operational processes: Establish a consumer complaint escalation path, returns
logistics, and a takedown procedure for IP complaints.
6. Internal training: Train teams on KVKK, consumer law obligations, and incident
response.
9.3 Comparative & Strategic Notes
The Turkish framework is influenced by EU law but has idiosyncrasies
businesses operating across borders should adopt the strictest applicable
standard as a risk averse approach.
10. Conclusion & Outlook
10.1 Key Summary
E-commerce in Turkey is an attractive but highly regulated market. Successful
market participation depends on proactive compliance with e-commerce and consumer
rules, rigorous data protection practices under KVKK, and careful platform governance.
10.2 Future Trends to Watch
Stricter platform liability and transparency requirements.
Increased administrative oversight and potential for larger fines.
Alignment pressures with EU digital regulation (data flows, consumer rights,
competition in digital markets).
10.3 Practical Implications for Practitioners & Companies
Law firms should develop practice specialisms around platform regulation, data
protection, and cross border e-commerce.
Companies should invest in compliance tooling (audits, data governance and
record keeping) and consider insurance solutions for cyber and regulatory risks.
Conclusion
Compliance in e-commerce requires careful coordination of consumer law, data protection, advertising rules, and platform responsibilities. Businesses operating in this space should regularly review their processes, documentation, and technical systems.
TNC Hukuk & Danışmanlık provides end-to-end legal guidance across platform structuring, contract drafting, compliance audits, and dispute resolution.
Contact Information
Phone: 0 (224) 272 52 52
Email: info@tnchukuk.com.tr
Address: Demirtaşpaşa Mah., Celal Bayar Cad., A. Fikri Bozkaya ÖRKAP İş Mrk. No: 12/401 Osmangazi / BURSA
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