1. I. E-commerce sector: facts and figures
    1. 1. Recent growth and trends in e-commerce
  2. II. Setting-up an e-commerce business
    1. 1. Is the established local presence of a foreign company required to start selling online?
    2. 2. Are there any licence/permit requirements applicable to e-commerce businesses?
    3. 3. What e-commerce specific contracts must be concluded before starting an e-business?
    4. 4. What e-commerce specific contracts must be concluded before starting an e-business?
  3. III. Legal design – ABC of the online store website interface
    1. 1. Defining the audience: does the business need to decide upfront if the ecommerce website addresses consumers and/or professionals?
    2. 2. What are the mandatory elements of an e-commerce business website?
    3. 3. Is it mandatory that the website information be provided in the local language?
    4. 4. What are the legal requirements for publishing customer reviews?
    5. 5. What elements of the store interface could be considered as dark patterns?
  4. IV. Marketing & promotions
    1. 1. What are the key requirements for announcing and running price promotions?
    2. 2. Is explicit consent required for marketing communications?
    3. 3. What types of promotion activities are under the special scrutiny of local authorities?
  5. V. Other key considerations for running e-commerce
    1. 1.Do special rules apply to product returns and defective goods?
    2. 2. What are the main competition risks in online selling?
    3. 3. Are there specific legal considerations relevant to the financial services provided to e-store customers (e.g. payment processing services)?
  6. VI. Legal enforcement in e-commerce
    1. 1. What relevant authorities are responsible for legal enforcement with regard to e-commerce businesses?
    2. 2. What is the landscape for private enforcement of consumer rights in the context of e-commerce?
  7. VII. Upcoming changes in e-commerce
    1. 1. Are there legal developments on the horizon of relevance to e-commerce businesses?

I. E-commerce sector: facts and figures

E-commerce has continued its rapid expansion in Türkiye in recent years. According to the latest reports published by the Ministry of Trade, Türkiye’s e-commerce sector reached a trading volume of TRY 1.85 trillion (approximately USD 77.89 billion) in 2023, reflecting an impressive 115.15% increase compared to the previous year.

The number of transactions also recorded significant growth, rising by 22.25% to a total of 5.87 billion transactions. The share of e-commerce in total retail sales also witnessed substantial growth. In 2023, e-commerce accounted for 20.3% of Türkiye’s overall trade, up from 10.1% in 2019. Additionally, the contribution of e-commerce to Türkiye’s gross domestic product grew by 33.3% in 2023, reaching 6.8%.

Given the robust performance and steady growth of Türkiye’s e-commerce sector, trade volumes and market shares of e-commerce businesses are projected to rise further. The Ministry of Trade forecasts that e-commerce volume will almost double in 2024, with an estimated 6.67 billion transactions, highlighting the sector’s potential for continued expansion in the coming years.

II. Setting-up an e-commerce business

1. Is the established local presence of a foreign company required to start selling online?

While Turkish law does not explicitly require foreign e-commerce companies to establish a local subsidiary or branch to operate in Türkiye, certain indirect obligations necessitate a local presence. Law No. 6563 on the Regulation of Electronic Commerce (“Law”) has established the Electronic Commerce Information System (“ETBİS”), through which certain entities are required to submit relevant information concerning their e-commerce activities. According to Article 5 of the Communiqué on Electronic Commerce Information System and Notification Obligations, the following entities must register with ETBIS before commencing e-commerce activities in Türkiye:

  • Service providers (“SPs”) operating through their own e-commerce platforms,
  • Intermediary service providers (“ISPs”), and
  • SPs that are located in Türkiye but do not engage in e-commerce activities within Türkiye yet enter into contracts or receive orders through an ISP located in a foreign country.

During the registration process, ETBIS requires the Central Registry Number (“MERSIS”) (the system used for commercial registry processes in Türkiye) and a Turkish tax ID number for individual or legal entity merchants. Additionally, the mobile application and domain name used for e-commerce or intermediary activities must also be provided during the ETBIS registration. Obtaining a MERSIS number typically necessitates the establishment of a local presence in Türkiye. Therefore, while a local presence is not directly mandated by law, the requirement to register with ETBİS and other related regulatory obligations, including tax compliance, effectively make it necessary for foreign e-commerce companies to establish a local entity to avoid operational restrictions and potential fines. Failure to comply with these obligations, including registration with ETBİS and the Data Controllers’ Registry (“VERBİS”), may result in significant administrative fines.

2. Are there any licence/permit requirements applicable to e-commerce businesses?

Provisions regarding the e-commerce license are regulated under Additional Article 4 of the Law and Regulation on E-Commerce Intermediary Service Providers and E-Commerce Service Providers. As of January 1, 2025, e-commerce SPs and e-commerce ISPs will be subject to certain licensing requirements based on their scale and transaction volume. The process of obtaining the license must be completed through the ETBİS platform in March of the calendar year following the year in which the specified thresholds are exceeded. The license must be renewed annually as long as these thresholds are met. Until January 1, 2025, there are no specific e-commerce licensing requirements that apply to businesses operating in this sector.

3. What e-commerce specific contracts must be concluded before starting an e-business?

A company may take the following steps to establish an e-commerce business, including but not limited to:

  1. Domain name registration and trademark registration for the domain name and brand name;
  2. Entering into contracts with:
    • Suppliers;
    • An accountant;
    • A hosting service provider;
    • An online payment service provider licensed in Türkiye;
    • An IT service provider;
    • Storage and shipping providers;
    • Digital marketing agencies;
    • A legal consultant.

4. What e-commerce specific contracts must be concluded before starting an e-business?

The online sale of certain products in Türkiye is subject to strict regulatory oversight to ensure compliance with consumer protection and safety laws. Products such as pharmaceuticals, medicines, human medicinal products, medical devices, healthcare services, food, supplementary foods, cosmetics, and hygiene products are regulated by specific laws that impose strict requirements. Additionally, the sale of certain products through online platforms is expressly prohibited. These include prescription medicines, medicinal food supplements, herbal products, alcoholic beverages, tobacco, e-cigarettes, firearms, explosive materials, human organs, livestock, counterfeit goods, fortune-telling services, unauthorized copies of copyrighted materials, veterinary medical products, and flammable and explosive substances.

Additionally, products sold by foreign businesses are subject to import regulations, which include specific restrictions on certain items, such as mobile phones, that limit their import for direct consumer use. Depending on the nature of the product, additional obligations under customs legislation may also apply.

1. Defining the audience: does the business need to decide upfront if the ecommerce website addresses consumers and/or professionals?

Prior to commencing operations, it is crucial for an e-commerce business to identify its target audience, as this determination directly influences the legal regulations and obligations that the business must comply with. Defining the type of e-commerce the business will engage in is essential not only for legal compliance but also for developing effective marketing strategies. Furthermore, SPs and ISPs registered with ETBIS are required to disclose the type of electronic commerce they engage in. Accordingly, this classification becomes necessary. Pursuant to the Communiqué on the Electronic Commerce Information System and Notification Obligations, the type of e-commerce refers to the classification that indicates the direction of electronic commerce, such as business-to-business (B2B) or business-to-consumer (B2C) transactions, between the parties involved.

2. What are the mandatory elements of an e-commerce business website?

An e-commerce website must include the following elements:

  1. Before commencing e-commerce activities, the homepage of the website must contain the following information under the "Contact" section:
    • Registered email address for official notifications (“KEP address”), email address, and phone number, as well as the business name or registered trademark name, if any;
    • Details regarding the professional chamber to which the business belongs, and if applicable, sectoral organizations it is a member of, as well as information about the professional conduct rules applicable to the business and how these rules can be accessed online (i.e., providing links);
    • If a merchant, the trade name, MERSIS number, and the head office address must also be provided;
    • If a craftsman, the name and surname, tax identification number, and the head office address must be included.
  2. E-commerce SPs who are merchants or craftsmen and sell through an ISP must display the following information on the space allocated to them by the ISP before starting their e-commerce activities:
    • At least one of the following: the trade name, business name, or registered trademark name;
    • KEP address;
    • For craftsmen, the tax identification number, and for merchants, the MERSIS number;
    • Information confirming that the head office address and registered phone number are held by the ISP.
  3. E-commerce SPs who are neither merchants nor craftsmen and sell through an ISP must display the following information on the space allocated to them by the ISP:
    • Name and surname;
    • The province of residence;
    • Information confirming that the head office address and registered phone number are held by the ISP.
  4. "Transaction Guide" section in the homepage must contain the following information: 
    • The technical steps required to form a contract, such as selecting goods and services, entering delivery and payment information, and confirming the order;
    • Information on whether the e-commerce contract will be stored electronically, whether the recipient will be able to access it later on the same electronic platform, and for how long this access will be available; 
    • Clear and comprehensible information about the availability of a summary order form and technical tools such as "undo" and "change" to allow the recipient to identify and correct data entry errors before submitting the order;
    • Privacy rules related to the processing of personal data collected during e-commerce transactions, in compliance with Law No. 6698 on the Protection of Personal Data (“DPL”);
    • Information about alternative dispute resolution mechanisms, if available, in the event of a dispute with the buyer.
  5. Additionally, the following documents must be provided:
    • Data privacy notice (including confidentiality and data protection clauses in compliance with DPL);
    • Cookies Notice;
    • Ads Privacy Choices;
    • Conditions of Use & Sale;
    • Preliminary Information Form;
    • Distance Sales Agreement;
    • User Agreement/Membership agreement;
    • Right of Withdrawal;
    • Cancellation and Refund Policies;
    • Details of the consumer’s and SPS’ rights.

3. Is it mandatory that the website information be provided in the local language?

Under Turkish law, agreements executed between parties residing in Türkiye, as well as correspondence and transactions conducted between foreign companies or organizations and Turkish companies, organizations, or citizens, must be in Turkish. Beyond this, there are no specific legal requirements mandating the use of Turkish language. However, both e-commerce law and consumer protection law require that information provided to consumers be clear and understandable. Therefore, to ensure full compliance with these regulations and to guarantee that the content is comprehensible to Turkish consumers, website information should be provided in Turkish.

The publication of customer reviews on e-commerce platforms is governed by a strict legal framework aimed at protecting consumers, ensuring transparency and authenticity. The key regulations include Law No. 6502 on Consumer Protection, the Regulation on Commercial Advertising and Unfair Commercial Practices, and DPL. In particular, Article 28/B, titled “Consumer Reviews” of the Regulation on Commercial Advertising and Unfair Commercial Practices, outlines the specific requirements for publishing customer reviews as follows:

  1. Eligibility to Submit Reviews: Only consumers who have purchased the product or service can leave reviews. If a purchase is cancelled or rescinded, the review may reflect the experience up to that point. This ensures that reviews are based on genuine experiences.
  2. Disclosure of Review Policies: Platforms must clearly disclose their review publication policies, which should be easily accessible, either on the review page or via a visible link. The moderation and publication criteria must be transparent.
  3. Fair and Objective Review Publication: Reviews, whether positive or negative, must be published without bias and remain online for at least one year. Reviews should be displayed according to objective criteria like date or rating. Platforms cannot manipulate reviews, and any rejection of a review must be promptly communicated to the consumer.
  4. Prohibition of Health-Related Claims: Reviews containing unverified health claims are prohibited. For instance, claims like "this product cured my asthma" are not allowed, as they may mislead consumers and violate health regulations.
  5. Right to Rectify: If a seller resolves a consumer issue, the resolution must be reflected in the review after proper verification. This update should be published alongside the original review.
  6. Prohibition of False or Misleading Reviews: Creating or promoting false reviews to boost sales is strictly prohibited. Sellers and platforms cannot engage with individuals or entities to post inaccurate reviews or suppress negative ones. Such manipulative practices are punishable under Turkish law.

Provisions in the Guideline on Consumer Reviews by the Advertisement Board:

  • Reviews can only be submitted by verified purchasers, ensuring genuine feedback.
  • Reviews must remain visible for at least one year and be ranked according to objective criteria like date and rating, without filtering based on positivity or negativity.
  • Reviews posted in exchange for rewards, such as likes or endorsements, are prohibited.
  • Platforms cannot manipulate the visibility of reviews for any benefit.
  • Health Claims: Reviews that contain unverified or misleading health-related claims must not be published.
  • Platforms may implement reasonable mechanisms to verify reviews without discouraging consumers from providing feedback.
  • Sellers must be allowed to update reviews once a consumer issue is resolved, ensuring that both the problem and its solution are visible.
  • Practices such as offering incentives for positive reviews or making the submission of negative reviews more difficult are prohibited.

Furthermore, platforms must ensure that consumer reviews comply with DPL, particularly in terms of protecting the personal data of reviewers. Consumer consent must be obtained if personal information, such as names or contact details, is to be published along with the review. Any reviews that include statements about health benefits must comply with existing health regulations.

5. What elements of the store interface could be considered as dark patterns?

Certain elements of online store interfaces are classified as dark patterns (referred to as “karanlık tasarımlar” by the Advertisement Board) and are considered unfair commercial practices under the Regulation on Commercial Advertising and Unfair Commercial Practices. According to the regulation, a commercial practice is deemed unfair if it fails to meet the requirements of professional diligence and significantly distorts, or has the potential to distort, the economic behaviour of the average consumer or the targeted group. Dark patterns intentionally manipulate or mislead consumers, resulting in decisions they would not normally make under ordinary conditions. These practices violate consumer autonomy, and the Advertisement Board has imposed administrative sanctions on businesses found to be employing such tactics.

The Advertisement Board has identified the following examples of dark patterns in its rulings:

  • Pre-selected Options: Offering pre-selected choices, such as annual subscriptions, while making shorter-term or less costly alternatives harder to access. The Advertisement Board ruled that displaying an annual subscription as the default option, without clearly offering monthly alternatives, constituted a dark pattern. For instance, directing consumers quickly to the annual subscription page while making it more difficult to find the monthly subscription options was seen as an attempt to push consumers into contracts they would not normally agree to.
  • Misleading Urgency: Creating a false sense of urgency, such as notifications suggesting that many consumers are purchasing the same product. In one ruling, the Advertisement Board determined that displaying notifications of high demand for tickets during the purchase process unduly influenced consumers’ decision-making and was considered a manipulative practice.
  • Hidden Alternatives: Making certain options harder to select, such as presenting an upgrade option for a product in a more visually prominent manner while burying the ability to keep the current version. The Advertisement Board ruled that designing the interface in a way that makes the updated version more attention-grabbing, while the option to retain the previous version is barely visible, was an attempt to manipulate consumers into making a choice they would not normally make.
  • Pre-selected Subscription Durations: Automatically selecting longer subscription periods, such as a six-month or one-year subscription, without giving consumers easy access to shorter alternatives was classified as manipulative. The Advertisement Board found that pre-selecting the longest and most expensive subscription option without adequate disclosure led consumers to commit to longer contracts than they intended.
  • Pre-selected Additional Services: Automatically adding extra services, such as paid installation or extended warranties, during checkout, which are not easily removable, has also been sanctioned for violating consumer rights. In one case, the Advertisement Board determined that automatically selecting a paid installation service at the checkout stage, without clearly allowing the consumer to opt out, was manipulative and restricted the consumer's ability to make a free choice.

IV. Marketing & promotions

1. What are the key requirements for announcing and running price promotions?

When announcing and running price promotions in Türkiye, businesses must adhere to several key requirements to ensure transparency and protect consumer rights. Pursuant to Law No. 6502 on Consumer Protection and the Regulation on Commercial Advertising and Unfair Commercial Practices, the following conditions must be met:

  • Disclosure of Pre-discount Price and Promotion Period: Any advertisement that indicates a discount on goods or services must clearly display the price before the discount, along with the start and end dates of the discounted sales. If the quantity of the goods or services being offered at the discounted price is limited, this amount must be explicitly stated in a clear and understandable manner.
  • Accuracy of Discount Information: Advertisements for discounted sales must not contain language or images that could create confusion about which goods or services are included in the promotion or give the impression that a greater discount is being offered than is actually applied. Misleading or ambiguous promotional claims are strictly prohibited.
  • Determining Pre-discount Price: The pre-discount price must be based on the lowest price applied within the 30 days preceding the promotion. For perishable goods such as fruits and vegetables, the previous price immediately before the discount will be used to calculate the discount percentage or amount. The burden of proof regarding compliance with these pricing rules lies with the advertiser.

In e-commerce practices and within the framework of DPL, the opt-in method, specifically obtaining prior consent, is mandated before sending commercial messages to recipients. According to Article 6 of the Law, titled “Conditions for Sending Commercial Electronic Messages,” commercial electronic messages may only be sent to recipients with their prior consent. This consent may be obtained in writing or through any electronic communication means. Commercial electronic messages may be sent to tradespeople and merchants without obtaining prior consent. Additionally, according to the Regulation on Commercial Communication and Commercial Electronic Messages, it must be registered with the Commercial Electronic Message Management System (“İYS”) to send commercial electronic messages. Consent may also be obtained through İYS.

Electronic commercial messages may be sent without prior consent in the following cases:

  • When the recipient voluntarily provides his/her contact information for the purpose of communication, prior consent is not required for commercial electronic messages related to changes, usage, or maintenance of the goods or services provided.
  • No prior consent is required for messages related to an ongoing subscription, membership, or partnership, as well as those containing notifications of debt collection, payment reminders, information updates, purchases, deliveries, or similar actions. However, such messages must not promote or advertise any goods or services.
  • Commercial electronic messages sent to the contact addresses of merchants or artisans do not require prior consent. However, if merchants or artisans exercise their right to opt out, commercial electronic messages cannot be sent without their consent.
  • No consent is required for commercial electronic messages sent by intermediary firms for informational purposes in accordance with Turkish Capital Market Law.

Recipients must have the right to opt-out anytime without any reason. The commercial electronic messages must stop within three days upon receipt of the opt-out request. SPs and ISPs that violate these provisions will be imposed to administrative fines.

3. What types of promotion activities are under the special scrutiny of local authorities?

Promotion activities on e-commerce platforms are subject to rigorous oversight by local authorities, particularly the Advertisement Board. Their primary focus is to ensure that these activities comply with consumer protection regulations and maintain fair competition standards. Promotional activities under scrutiny include, but are not limited to: advertisements for discounted sales, promotions featuring environmental claims, misleading advertisements related to products with geographical indications, food advertisements (including those for dietary supplements and nutritional claims), advertisements that fail to provide accurate information about the product’s composition or ingredients, misleading timeshare advertisements, and advertisements that imitate the text, slogans, visual presentation, music, sound effects, or other elements of another advertisement in a way that misleads consumers or causes confusion.

Pursuant to Articles 7 and 8 of the Regulation on Commercial Advertising and Unfair Commercial Practices, the following types of promotional activities are closely scrutinized:

  • False or exaggerated claims about product characteristics, services, pricing, or after-sales conditions are prohibited. Authorities aim to prevent consumer deception and manipulation in areas such as total payable price, intellectual property rights, social benefits, medals, awards, diplomas, and similar certifications, as well as payment terms, including instalment or credit sales.
  • Promotions must avoid encouraging irresponsible consumer behaviour or fostering unfair competition. Authorities impose sanctions for practices that distort competition or exploit consumer vulnerabilities.
  • Misleading claims about product quality, services, business identity, pricing, or warranties are strictly regulated, particularly those that falsely suggest superiority through manipulated data or statistics.
  • Authorities monitor promotions to ensure that mandatory licenses or certifications are not misused to deceptively imply a product’s superiority.
  • Comparative advertising is permitted only under strict conditions—comparisons must be objective, verifiable, and beneficial to consumers, without naming or discrediting competitors.
  • Promotions cannot misrepresent legal consumer rights (e.g., return policies or warranties) as special privileges.

In sectors such as food and dietary supplements, price comparisons and health-related claims are prohibited.

V. Other key considerations for running e-commerce

1.Do special rules apply to product returns and defective goods?

a. Product Returns:

Consumers are entitled to a 14-day unconditional right of withdrawal for distance sales contracts, allowing them to withdraw without justification or penalties. This right can be exercised within 14 days of receiving goods or purchasing services. The withdrawal notification must be submitted in writing or through a permanent data storage device. After exercising this right, the consumer must return the goods to the seller within 10 days at the latest, and the seller is obligated to refund the purchase price, along with any delivery costs, within 14 days upon receiving the withdrawal notice.

As of January 1, 2026, the period for returning goods after exercising the right of withdrawal will be extended from 10 to 14 days. Additionally, the cost of return shipping, currently borne by the seller, will be shifted to the consumer under certain conditions. These changes reflect new regulations that will redefine the rights and obligations between sellers and consumers in the return process.

There are several exceptions to the right of withdrawal. Consumers cannot exercise this right in the following contracts:

  • Products subject to fluctuations in financial markets that are beyond the seller's control;
  • Goods that are customized according to the consumer’s personal specifications or needs;
  • Perishable goods or goods that may expire in a short time;
  • Products that are unsuitable for return due to health and hygiene reasons once unsealed;
  • Goods that, after delivery, are inseparably mixed with other items by their nature;
  • Unpackaged books, digital content, or computer supplies where the protective packaging (such as seals, tape, or other protective elements) has been unpacked after delivery;
  • Contracts for the delivery of periodicals, such as newspapers and magazines, other than those provided under a subscription agreement;
  • Contracts for accommodation, transport of goods, car rental, food and beverage supply, or leisure activities, where services are to be provided on a specific date or period;
  • Contracts for services that are fully performed or intangible goods delivered instantly through electronic means;
  • Contracts for services that begin with the consumer’s consent before the right of withdrawal period expires.

As of January 1, 2026, additional exceptions to the right of withdrawal will apply. Consumers will no longer be able to exercise this right for the following types of contracts:

  • Mobile phones, smartwatches, tablets, and computers that have already been delivered to consumers;
  • Contracts concluded via live auctions, including online or in-person auctions;
  • Registered movables, including those that are subject to mandatory registration under the Turkish Highways Traffic Law (e.g., vehicles), as well as drones that require registration or certification;
  • Goods requiring installation or assembly that have been installed or assembled by the seller or an authorized service provider, as stated in the product’s user manual.

b. Defective Goods

A product is considered defective if it does not conform to the contract, is faulty, or cannot be used for its intended purpose. In such cases, consumers may exercise the following remedies:

  • Repair: The consumer can request that the defective goods be repaired at no cost.
  • Replacement: The consumer may request a replacement of the defective product with a new, defect-free item of the same or similar quality.
  • Price Discount: The consumer may request a proportional discount reflecting the defect in the goods.
  • Rescission of the Contract: By returning the defective product, the consumer may obtain a full refund of the price paid.

The seller must comply with the consumer’s choice of remedy and fulfil the request within 30 business days (or 60 business days for real estate) if repair or replacement is selected. Consumers may also claim compensation for any injury or damage caused by defective goods under the Turkish Code of Obligations. Liability for defective goods is subject to a two-year statute of limitations from the delivery date, even if the defect appears later. However, this limitation does not apply in cases of latent defects due to gross negligence or fraud.

2. What are the main competition risks in online selling?

Non-compliance with Law No. 4054 on the Protection of Competition and its secondary legislation may subject e-commerce companies to competition investigations and monetary sanctions. E-commerce businesses must be cautious of agreements, concerted practices, and decisions that restrict competition, as price fixing and resale price maintenance agreements between competitors are expressly prohibited. Companies with a dominant market position must avoid abuse of dominance. The formation of cartels or collusive agreements related to market sharing or price coordination also constitutes a serious breach of competition law. Unfair competition may result from practices such as misleading advertisements or excessively aggressive discount strategies that disrupt market equilibrium. Vertical agreements, especially those involving exclusivity arrangements or supplier-imposed price controls, present substantial competition risks for e-commerce by limiting retailers’ ability to compete and potentially fostering monopolistic tendencies in the digital marketplace.

The provision of electronic payment services in Türkiye is subject to regulatory authorization. E-commerce businesses seeking to offer electronic payment services to their customers must either contract with a licensed electronic payment service provider or obtain an authorisation license from the Central Bank of Türkiye. Furthermore, SPs and ISPs registered with ETBIS are required to provide information on the payment methods offered on the e-commerce platform, as well as the services received from payment and electronic money institutions.

The financial services provided to e-store customers are primarily governed by Law No. 6493 on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions, Law No. 5464 on Bank Cards and Credit Cards, the Regulation on Bank Cards and Credit Cards, the Regulation on Banks’ Information Systems and Electronic Banking Services, the Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers, Tax Procedure Law No. 213, Law No. 6502 on Consumer Protection, and the Regulation on Consumer Loan Agreements.

  • Law No. 6493 on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions regulates the legal framework governing payment systems, payment services, payment institutions, and electronic money institutions, establishing the procedures and principles for their operation
  • Law No. 5464 on Bank Cards and Credit Cards and the Regulation on Bank Cards and Credit Cards regulate the issuance and use of bank and credit cards, establish the rights and obligations between cardholders and issuing institutions, and set out the general principles governing the use of these cards in online transactions.
  • The Regulation on Banks’ Information Systems and Electronic Banking Services ensures payment security by regulating the management of banks’ information systems and electronic banking services, crucial for secure e-commerce operations.
  • The Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers outlines the authorisation procedures, operational principles, and responsibilities of payment institutions, electronic money institutions, and payment service providers.
  • The Tax Procedure Law and its related communiqués mandate the use of e-invoices and e-archive documents in compliance with the standards set by the Revenue Administration, ensuring tax compliance in e-commerce transactions.
  • Law No. 6502 on Consumer Protection and the Regulation on Consumer Loan Agreements set forth the principles and procedures for consumer loan agreements, ensuring that consumers' rights are protected in the context of financial services offered by e-commerce businesses.

The Ministry of Trade is the primary authority responsible for e-commerce and consumer protection. However, as e-commerce intersects with various areas of regulation, the following authorities also have roles:

  • The Information and Communication Technologies Authority (BTK) is the main body for monitoring the content on the internet.
  • The Banking Regulation and Supervision Agency (BDDK) and the Central Bank of Türkiye (TCMB) regulate online payment systems and money flow.
  • The Personal Data Protection Authority (KVKK) is the main body for providing personal data protection, monitoring personal data process, concluding the complaints with regard to personal data protection violations and deciding on the imposition of administrative sanctions.
  • The Competition Authority carries out inspections in the e-commerce sector and is authorised to implement sanctions within the framework of the Competition Law.
  • The Revenue Administration ensures that e-commerce companies comply with tax obligations, including VAT.

Consumer Arbitration Committees and Courts handle disputes between consumers and e-commerce businesses, ensuring the protection of consumer rights.

2. What is the landscape for private enforcement of consumer rights in the context of e-commerce?

Recipients of unsolicited or non-compliant electronic commercial messages have the right to file a complaint within three months of receiving the message. Complaints can be submitted either online through the Commercial Electronic Message Complaint System available on the Ministry of Trade’s website, which is integrated with the e-government platform (e-Devlet), or in writing to the relevant provincial directorate located in the complainant’s place of residence.

The enforcement of consumer rights in the context of e-commerce is facilitated primarily through Consumer Arbitration Committees, Consumer Courts, and mandatory mediation. For disputes below a specified monetary threshold, consumers are required to first seek resolution through Consumer Arbitration Committees, which offer a faster and more cost-effective means of dispute resolution. The monetary thresholds for filing claims with these committees and Consumer Courts are reviewed and updated annually by the Ministry of Trade. Decisions issued by Consumer Arbitration Committees are legally binding; however, either party may file an objection within two weeks of notification, at which point the matter may be escalated to a Consumer Court. In cases where the dispute exceeds the monetary threshold, consumers must file their claims directly with Consumer Courts, which have jurisdiction over higher-value e-commerce cases. Additionally, mandatory mediation is required before initiating litigation in Consumer Courts, ensuring that parties make an effort to resolve their disputes amicably before resorting to formal legal proceedings.

VII. Upcoming changes in e-commerce

Effective January 1, 2025, e-commerce SPs and ISPs will be subject to specific licensing requirements based on their scale and transaction volume. Furthermore, as of January 1, 2026, under the provisions of the Regulation on Distance Contracts, significant changes will take effect. These primarily include an extension of the return period for consumers, the possibility for return shipping costs to be borne by the consumer under certain conditions, and an expansion of the exceptions to the right of withdrawal.