The Law on Amending the Law on the Regulation of Electronic Commerce entered into force after being published in the Official Gazette.
ANKARA (IGFA) – With the Law Amending the Law on the Regulation of Electronic Commerce, the e-commerce tool is designed to prevent unfair competition and monopolization in electronic commerce (e-commerce) and to facilitate the entry of new actors into the market , and to ensure a stable and healthy growth of the market, taking into account the scales. A regulation was made for service providers and e-commerce service providers.
Businesses operating in the fields of travel agency, civil aviation, personal pension, banking, insurance, financing, capital market, payment services, betting and baht games and electronic communication will not be accepted as e-commerce intermediary service providers or e-commerce service providers.
With the Law, new terms and concepts were added to the Law on the Regulation of Electronic Commerce.
Intermediary service providers that enable contracts or orders to be made for the supply of goods or services of other electronic commerce service providers, regardless of whether they make sales in the e-commerce marketplace, as “electronic commerce intermediary service providers”; Service providers that make contracts or receive orders for the supply of their own goods or services, whether in the e-commerce marketplace or in their own e-commerce environment, will be defined as “electronic commerce service providers”.
In order to ensure the reasonableness of the e-commerce environment in which the e-commerce intermediary service provider provides intermediary services, the definitions of “e-commerce marketplace” and “e-commerce environment” will be added to the law.
The net process volume will include the total of the most recent invoice or document substitutes, including all taxes, funds, fees, etc.
Unless there is a contrary decision in other laws, the intermediary service provider will not be liable for illegal bets related to the content and content provided by the service provider.
If the e-commerce intermediary service provider is aware that the content offered by the e-commerce service provider is against the law, it will remove this content without delay and notify the relevant public institutions and organizations about the unlawful matter.
The e-commerce intermediary service provider, upon the right owner’s complaint based on information and documents regarding intellectual and industrial property rights violation, will remove the e-commerce service provider’s work subject to the complaint from publication and notify it and the right owner.
After the e-commerce service provider submits its objection based on information and documents showing the opposite of the complaint to the intermediary service provider, it will publish the article about the complaint again.
Complaints and objections; The clear identity and address information of the persons concerned, information about the work in dispute, the relations regarding the removal of the work from publication or the necessity of its publication, and other issues determined by the regulation will be included. The right of those concerned to apply to named and administrative authorities will be confidential, according to general decisions.
AUTHORITY TO “MAINTAIN EFFECTIVE AND FAIR COMPETITION” TO THE MINISTRY OF COMMERCE
The Ministry of Commerce will be authorized to ensure the development of e-commerce, to defend an active and fair competition environment, and to regulate the activities of service providers and intermediary service providers.
The intermediary service provider and service provider will be obliged to keep the information, documents, ledgers and electronic records of the business and processes within the scope of the regulation for 10 years from the date of the work or process.
The Ministry of Commerce will be authorized to receive the subscriber information of natural or legal persons who send commercial electronic messages via voice call and short notice from the Information Technologies and Liaison Authority.
With the law, the e-commerce intermediary service provider, which engages in unfair commercial practices in e-commerce, will be fined from 10 thousand lira to 100 thousand lira for each e-commerce service provider with unfair practice. An administrative fine of 500 thousand lira will be applied to the e-commerce intermediary service provider, which forces the e-commerce service provider to sell products or services with a campaign, including unilateral changes in the sales price by the e-commerce intermediary service provider, for each e-commerce service provider.
Despite the implementation of administrative fines, if the conflict is not terminated within the period given by the Ministry of Commerce or if the one-to-one opposition is repeated within 1 year from the date of the notification of the penalty, an administrative fine of twice the previous penalty will be applied.
In case the acts of administrative fines are carried out with works and processes aimed at misleading the Ministry of Commerce, the penalties in question will be applied 10 times.
The total amount of administrative fines for a calendar year will not exceed 500 million liras for an intermediary service provider or service provider whose net process volume is 60 billion liras, and whose number of processes, excluding cancellations and refunds, is over 100 thousand.
UNFAIR COMMERCIAL PRACTICES IN E-COMMERCE WILL BE PREVENTED
The practices of the e-commerce intermediary service provider, which significantly distorts the commercial activities of the e-commerce service provider to which it provides intermediary services, reduces its ability to make a reasonable decision, or causes it to become a party to a commercial commercial relationship that it would not be a party to under ordinary conditions by forcing it to take a reasonable decision, shall be deemed to be unfair. There will be no unfair commercial practices in e-commerce.
With the law, additional obligations were imposed on e-commerce intermediary service providers with a net transaction volume of more than 10 billion liras in a calendar year. led, the e-commerce intermediary service provider will use the data obtained from the e-commerce service provider and buyer only for the purpose of providing intermediary services, and will not be able to use it while competing with e-commerce service providers in the e-commerce marketplaces or other e-commerce environments where it offers intermediary services.
The e-commerce tool service provider, whose net process volume in a calendar year is over 10 billion liras and the number of processes excluding cancellations and returns is over 100,000, will have to obtain a license from the Ministry of Commerce and renew its license in order to continue its activities.
The license price will be collected from e-commerce intermediary service providers in proportion to their net transaction volumes in the previous calendar year in their e-commerce marketplaces.
E-commerce intermediary service providers that offer for sale or mediate the sale of goods bearing the brand of itself or the individuals with whom it has the right to use in the e-commerce marketplaces where it offers intermediary services, e-commerce intermediary service providers that are authorized as electronic money institutions in economic integrity. e-commerce intermediary service providers, which are in economic integrity, will comply with the obligations until January 1, 2024.
REGULATION TO BE EFFECTED ON 1 JANUARY 2023
The relevant decisions of brokerage contracts made before the effective date of the regulation and which are not brought into compliance with this regulation within 6 months from the same date will be deemed invalid. The obligation to obtain a license will be fulfilled from 1 January 2025. The regulation will enter into force on 1 January 2023.
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