On 8 March 2025, the Regulation Amending the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (“Amendment Regulation”) was published in the Official Gazette No. 32835.

The Amendment Regulation has implemented revisions that redefine the scope of obligations for Electronic Commerce Intermediary Service Providers (“ECISP”) and Electronic Commerce Service Providers (“ECSP”) operating within the e-commerce ecosystem.

I. Amendments Concerning ECSP

  • The Amendment Regulation has removed the requirement for ECSPs to provide a Registered Electronic Mail (KEP) address under the communication section as part of their information disclosure obligations.
  • For ECSPs that do not qualify as merchants, tradespeople, or artisans, the obligation to disclose their full name on e-commerce marketplaces has been eliminated. Instead, it is now sufficient to indicate only the province where their headquarters is located.
  • ECSPs that are not merchants, tradespeople, or artisans are now required to provide their full name and Turkish ID Number to ECISP, in addition to their email address and phone number.

II. Amendments Concerning ECISP

  • ECISP’s obligation to verify the accuracy of ECSP’s identifying information during the first three months of the year has been revised to require at least one verification per calendar year. However, if the ECSP does not list any products during that calendar year, the ECISP is exempt from the verification requirement.
  • Prior to the Amendment Regulation, obtaining prior approval from ECSP was the sole requirement for an extended withdrawal period exceeding the timeframe specified under Law No. 6502 on the Protection of Consumers to be considered compliant. Under the new regulation, an extended withdrawal period will not be deemed an unfair commercial practice if either ECISP obtains ECSP’s prior approval or if the intermediation agreement explicitly includes the extended withdrawal period.
  • ECISP is prohibited from imposing contractual penalties on ECSP without first requesting an explanation. However, this restriction does not apply if the violation requiring a penalty can be substantiated through official records and documentation.
  • Medium, large, and very large-scale ECISPs are obligated to provide ECSPs with free and effective technical infrastructure to enable the transfer of sales, returns, product, and performance data, as well as access to specific buyer data throughout the duration of their agreement. The Amendment Regulation extends this obligation for an additional year after the termination of the agreement.
  • The notification period for contract amendments by ECISP to ECSP has been exempted from applying to amendments that are in favor of ECSP or required by regulatory and supervisory authorities.
  • Under the Product Safety Law, the obligation of ECISP to inspect the safety of products sold on its platform and report any detected violations to the Ministry of Trade (“Ministry“) has been incorporated into the regulatory framework.
  • In installment sales transactions, any interest rate differences and deferred payment options offered to buyers through payment service providers by ECISP or ECSP are considered costs borne by ECISP and will be included in the discount budget.
  • Discounts and benefits provided to buyers and ECSPs in cases of disasters such as earthquakes, fires, and floods, or in situations requiring social solidarity and aid, will not be included in ECISP’s discount budget.
  • Regarding the calculation of the e-commerce license fee for ECISP:
    • Sales made abroad and expenditures incurred under an investment incentive certificate may be deducted from net transaction volume if certain conditions are met.
    • The scope of foreign sales includes deliveries made on order, sales of goods that were previously shipped abroad, and transactions conducted using foreign IP addresses or foreign-issued payment cards.
    • The total foreign sales amount will be calculated based on final invoices or equivalent documents issued by ECISP, affiliated ECISPs within the same economic entity, and ECSPs, excluding cancellations and returns. The burden of proof for transactions declared as foreign sales will rest with ECISP.

III. Common Regulations 

  • To ensure the protection of ECISPs and ECSPs’ brand-related domain names in online search engines, the Amendment Regulation stipulates that administrative sanctions will be imposed by the Ministry in cases where violations are detected. Additionally, advertisers are now required to designate the disputed keywords as negative keywords across all advertising campaigns and prevent their usage.
  • The upper limit for sponsorship expenses excluded from the advertising budget calculations of ECISPs and ECSPs has been increased from 25% to 50% under the Amendment Regulation.
  • Discounts and advertising expenses amounting to up to 5% of the total budget, provided that they are limited to the purchase of used goods and the sale of refurbished products, will not be included in the discount and advertising budget calculations as per the Amendment Regulation.

You can access the full text of the Amendment Regulation here. (Only available in Turkish)

Share:

Share on Linkedin Share on Twitter Share on Facebook Share in Email Share