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Legal Alerts
09/06/2022

Turkey Presents Two Draft Communiqués on E-Commerce

Legal Alerts
International Commercial and Trade
General

Recent development

The Ministry of Customs and Trade (the “Ministry”) published on its website two draft communiqués regarding “safety stamp” applications and notification obligations in e-commerce. The Ministry granted public institutions and organizations, professional organizations, associations and unions the opportunity to comment and provide feedback on the two draft communiques.

What’s new?

Based on Law No. 6563 on Regulation of Electronic Commerce, the two draft communiqués introduce new rules and obligations for companies conducting e-commerce activities.

The draft communiqué on safety stamps in e-commerce introduces a brand new system to increase compliance with safety and quality standards. Service providers and intermediary service providers who engage in e-commerce activities and who meet the requirements set forth under the communiqué will be able to apply to authorized institutions for a “safety stamp.” A safety stamp is an electronic stamp which indicates that the service provider or the intermediary service provider bearing the stamp has met the industry’s high safety and quality standards; the safety stamp thus conveys a company’s reliability and commitment to safety and quality. The safety stamp system also provides a high speed complaint resolution system for consumers. Service providers and intermediary service providers will be required to provide a system where consumers may request information on their orders and submit their complaints through customer services and ensure that the complaints are put into process and resolved in a timely manner and cost-efficient way.

The draft communiqué on notification obligations in e-commerce increases the notification obligation of service providers and intermediary service providers. The communiqué will require service providers and intermediary service providers to provide information to the Ministry regarding certain issues, including e-commerce activities, other commercial activities conducted apart from e-commerce activities, types of goods and services, and payment methods provided on e-commerce platforms. The Electronic Commerce Information System (Elektronik Ticaret Bilgi Sistemi, “ETBİS”) will be established under the Ministry to receive notifications, collect e-commerce data, and process this data into statistical data.

The draft communiqués will enter into force following publication in the Official Gazette.

Actions to consider

Companies and institutions should consider how these new rules may affect their e-commerce activities and benefit from this opportunity by cooperating with the Ministry to further improve the communiqués before their publication.