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E-commerce proposal in Parliament

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The Bill of Law on the Amendment of the Law on the Regulation of Electronic Commerce, signed by AK Party İzmir Deputy Hamza Dağ and AK Party MPs, was submitted to the Presidency of the Turkish Grand National Assembly.

ANKARA (IGFA) – With the Law Proposal Amending the Law on the Regulation of Electronic Commerce signed by AK Party deputies, the electronic commerce tool is designed to prevent unfair competition and monopolization in electronic commerce, 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. Arrangements will be made for service providers and electronic commerce service providers.

According to the proposal, enterprises operating in the fields of travel agency, civil aviation, personal pension, banking, insurance, financing, capital market, payment services, betting and lottery games and electronic communication will not be accepted as electronic commerce intermediary service providers or electronic commerce service providers.

New terms and concepts will be added to the Law on the Regulation of Electronic Commerce.

Intermediary service providers that enable the contracting or placing of orders for the supply of goods or services of other electronic commerce service providers, regardless of whether they sell in the electronic 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 electronic commerce marketplace or in their own electronic commerce environment, will be defined as “electronic commerce service providers”.

In order to ensure the reasonableness of the electronic commerce environment in which the electronic commerce intermediary service provider provides intermediary services, the definitions of electronic commerce marketplace and electronic commerce environment will be added to the law.

The net process volume will include the total of the most recent invoice or document substitute, including all taxes, funds, fees and the like. If the electronic commerce intermediary service provider has more than one electronic commerce market place, the net process volume will be calculated, while these marketplaces, and if the e-commerce service provider has more than one electronic commerce environment, the volume realized through all of these environments will be included in the net process volume.

The Ministry of Commerce will be authorized to ensure the development of electronic commerce, to defend an active and fair competition environment, and to make arrangements for the activities of service providers and intermediary service providers.

The Ministry of Commerce will be authorized to receive the real or legal person subscriber information from the Information Technologies and Liaison Authority who sends commercial electronic messages via voice call and short notice.

An administrative fine of 500 thousand TL will be imposed on the electronic 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.

After the last notification and information made by the Ministry of Commerce, the electronic commerce tool service provider and electronic commerce service provider will be able to carry out works and processes for past orders only in order not to victimize consumers and electronic commerce service providers in the market place. If the opposition is not eliminated within the given period, the Ministry may decide to remove the content or block access to the relevant internet addresses of the electronic commerce tool service provider or electronic commerce service provider.

Despite the application of administrative fines, if the opposition is not terminated within the period given by the Ministry of Commerce or if the same violation is repeated within 1 year from the date of the notification of the penalty, an administrative fine 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 TL for an intermediary service provider or service provider with a net transaction volume of less than 60 billion TL.

According to the news on the official website of the Turkish Grand National Assembly, the practices that will be considered unfair commercial practices in any case are listed as follows:

– The payment to be made to the electronic commerce service provider in return for the sale of goods or services is not made in full within 5 working days from the latest the sale price is at the disposal of the electronic commerce tool service provider and the order reaches the buyer,

– Forcing the electronic commerce service provider to sell goods or services with a campaign, including the unilateral change in the sales price by the electronic commerce intermediary service provider,

– The terms of the commercial relationship with the e-commerce service provider are not determined by a written or electronic mediation agreement, or this contract is not ensured to be clear, understandable and easily accessible by the e-commerce service provider,

– Making retroactive or unilateral changes in the intermediation contract decisions in a form that will be against the electronic commerce service provider, or including a random decision in the intermediation contract,

– Receiving a fee from the electronic commerce service provider, even though a random service is not provided or the type of service provided and the price or rate of the service fee are not specified in the brokerage contract,

– Relegation of the electronic commerce service provider in the ranking or recommendation system, restriction, suspension or termination of the service provided to the electronic commerce service provider, even though no objective criteria are included in the intermediation agreement or on the grounds that an application has been made to public institutions or named authorities.

According to the proposal, payments made to the payment service provider in which the electronic commerce tool service provider is in economic integrity will be deemed to have been made to the electronic commerce tool service provider.

SOME OBLIGATIONS INSIDE SERVICE PROVIDERS

On the other hand, it will not be able to offer for sale or act as an intermediary in the sale of goods bearing the trademark of itself or of the persons with whom it has economic integrity, or for which it has the right to use the trademark, in the electronic commerce marketplaces where it offers brokerage services. If these goods are offered for sale in different electronic commerce environments, they will not be able to access and promote each other in the middle of these environments.

It will enable the electronic commerce service provider to place the information in the documents required to be issued within the scope of the Tax Method Law in the electronic commerce marketplace where the sale is made.

The electronic commerce intermediary service provider shall verify the introductory information of the electronic commerce service provider through the documents it obtains from itself or from the electronic systems of the relevant institutions that are open to access.

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