With the rise of the Internet, companies can now conduct their businesses in an electronic environment. With this, a new concept came to the fore: electronic contracts. In this article, we will explore all the details of electronic contracts in Turkey.
Legal Framework of Electronic Contract in Turkey
Several laws, rules, and organizations influence the legal framework governing electronic contracts in Turkey. Their main objective is to ensure these contracts are enforceable by law while giving customers extra rights. Below is a more detailed explanation of a few of them.
- E-Commerce Law: The Law on the Regulation of Electronic Commerce (Law No. 6563) is accepted as the main body of legislation that governs electronic contracts in Turkey. According to e-commerce law, if both parties agree to use electronic means and the contract meets all legal conditions, they can be considered valid and recognized by the law.
- Code of Obligations: In Turkey, this establishes general guidelines and norms for all kinds of contracts, including electronic ones.
- Regulation on Distance Contracts: It enables consumers to withdraw from contracts and obtain product and service information.
- Regulation on Service Providers and Intermediary Service Providers: In terms of electronic contracts, service providers must set up procedures for managing customer complaints and disputes resulting from electronic transactions.
Differences Between Electronic Contracts & Smart Contracts
Electronic contracts are the type of contracts concluded by the parties using an electronic communication tool, usually over the Internet. In contrast, smart contracts are known as those that eliminate the need for human intervention by executing the terms of the agreement automatically.
Apart from their meanings, both of them differ in some aspects. For instance, electronic contracts can be found in written form; on the other hand, smart contracts are linked with computer codes that can be implemented in the distributed ledger. In addition, while human intervention may be required at any point for electronic contracts in Turkey, neither the contracting parties nor any third parties are required to take action during the execution of a smart contract.
You should consult a lawyer in Turkey if you need help in legal cases related to such contracts. At our Turkish Lawyer Firm, Istanbul Lawyer Firm, we help individuals and businesses navigate the complexities of contracts with our skilled and English-speaking lawyers in Turkey. Our business and commercial lawyers in Turkey offer thorough services customized to each customer's requirements. For more information, you can always contact us.
Key Components of Electronic Contracts in Turkey
Unlike traditional contracts, electronic contracts in Turkey are legal agreements created and carried out electronically. Encryption, electronic signatures, and other authentication techniques safeguard the security and validity of these contracts. In this field, there are also some key components people should be aware of. For instance, data protection and privacy, consent, acceptance, and legal capacity can be significant parts of this field.
Forming Contracts
The Turkish Civil Code and the Code of Obligations include the same laws and regulations that apply to traditional and electronic contracts in Turkey. They are formed when both sides exchange proposals and acceptances electronically.
The Law on the Regulation of Electronic Commerce and the Consumer Protection Law play a significant role in regulating the formation of such contracts. For instance, according to the Customer Protection Law, a customer should have certain rights when entering an electronic contract, including canceling the agreement within 15 days of receiving the goods or services.
Selecting Appropriate Legal Jurisdiction
According to Law No. 5718 on International Private and Procedural Law, parties are theoretically free to select the governing law that will apply to electronic contracts in Turkey. Nonetheless, it places restrictions on the use of foreign law. Rules of foreign law that conflict with public policy, for instance, will not be applied, and Turkish law's directly applicable regulations may take precedence over those of the chosen foreign law.
Language Considerations in Contractual Agreements
The language of the contract is one of the factors to keep in mind. All parties involved should understand a contract clearly, transparently, and mutually.
Utilizing Digital Signatures
When it comes to the validity and reliability of electronic contracts in Turkey, digital signatures play a vital role. In Turkey, digital signatures are just as valid legally as handwritten signatures.
Strategies for Retaining Contract Data
In terms of forming an electronic contract, data retention is a required factor. The Ministry of Trade, on the other hand, can demand access to the electronic logs of electronic commerce transactions that service providers and intermediary service providers have stored for three years from the transaction date.
You can reach our previous article from https://istanbullawyerfirm.com/blog/regulation-of-financial-leasing-in-turkey