E-commerce Law

Cosar & Akkaya Law Firm has a well-known practice in the area of e-commerce and is combining its services with a wider area of technology-related regulations. We are working in the field since our foundation. Our client portfolio in this field includes large and small companies on international as well as domestic issues. Vital to our work in the field of e-commerce is an in-depth understanding of the Turkish market and the commercial conditions under companies operate. Our work includes the preparation of all terms and conditions including business-to-business and business-to-consumer contracts. Under Turkish e-commerce law, strict regulations on the websites and business models require a business to receive ongoing advice. The impact of rules relating to e-commerce and distance selling, including consumer protection law, related regulations, and communique make it almost a must to receive ongoing legal advice for the companies operating in the field.

Regulation of e-commerce in Turkey is subject to extensive legislation and therefore is one of our main areas of expertise where our expert Turkish lawyers provide advice. We advise from regulatory matters to developing strategies and dispute resolution.

How Turkish e-commerce Law defines the term ‘e-commerce’

Electronic commerce is defined as “all kinds of on-line financial and commercial activities which are carried out through the electronic media, without physically coming face-to-face” under the Law on Regulation of Electronic Commerce which was entered into force on back in 2015.

Main legislations in Turkish Law regulating e-commerce

Main regulations about e-commerce in Turkish Law are;

• Law on Regulation of Electronic Commerce numbered 6563
• The Regulation on Commercial Communication and Electronic Commercial Messages
• Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce

  Other related regulations;

• Consumer Protection Law
• Regulation on Distance Selling Contract

Issues regulated by the Law on Regulation of Electronic Commerce

Main issues regulated by Law on Regulation of Electronic Commerce are as follows;

• Obligations and liabilities of service providers
• Obligations and liabilities of intermediary service providers
• Electronic commercial messages
• Protection of Personal Data
• Penal provisions

E-commerce contracts

Any online contracts regarding online financial and commercial activities which are carried out through the electronic media, without physically coming face-to-face are deemed as e-commerce contracts. E-commerce contracts may look similar to distance sales contacts however there are some small differences between them as one party of distance sales contracts are always consumers but for e-commerce contracts parties can be anyone.

As e-commerce is becoming increasingly heavily regulated under Turkish Law, our work comes at all stages of the from incorporation, incubation, and start-up, through to development and expansion activities, for all types of players in the market. E-Commerce Companies trade online and therefore, they need to be compliant with many sets of regulations. We advise corporations and their officers, directors, and controlling shareholders with respect to the Turkish laws and regulations governing the e-commerce companies. In addition, the international nature of many E-Commerce operations adds an extra layer of complexity which requires a cross-border understanding in the field.

We provide fast, affordable, and convenient legal services in the formation of data protection and privacy policies, preparation, or reviewing of all contracts including contracts with payment service providers, website design, hosting and maintenance providers, and other IT related issues.