E-commerce in Turkey continues to grow rapidly, driven by digital transformation and consumer demand. The sector is primarily regulated by Law No. 6563 on the Regulation of Electronic Commerce, which establishes rules for online transactions, platform operators, and consumer protection. In this article, ER&GUN&ER Turkish Law Firm, a trusted Istanbul Lawyer Firm, provides a comprehensive overview of the legal obligations businesses must follow to ensure compliance and protect their operations in Turkey.
Key Obligations Under Turkish E-Commerce Law
Under Law No. 6563, all e-commerce platforms—both service providers and intermediary service providers—must meet specific obligations, including:
- Disclosure of business identity and contact information
- Clear presentation of terms and conditions
- Transparent return and cancellation policies
- Obtaining express consent for commercial electronic messages (email, SMS, etc.)
Legal Requirements Before Selling Online
Before launching an e-commerce business, companies must consider several legal instruments to ensure compliance and build consumer trust:
1. Distance Sales Contracts
This contract governs transactions completed through online or remote communication methods. It must be accessible and include pricing, delivery terms, right of withdrawal, and warranties.
2. Privacy Policy
E-commerce platforms must publish a privacy policy that informs customers how their personal data is collected, stored, and processed in accordance with the Personal Data Protection Law (KVKK).
3. Preliminary Information Form
This form outlines essential transaction details (price, delivery, payment, and withdrawal rights) and must be accepted by the consumer before concluding a sale.
4. Membership Agreement
This document defines the terms and obligations of users who register to the e-commerce site, covering account usage, termination, and liability clauses.
5. Intellectual Property Compliance
E-commerce businesses must avoid unauthorized use of copyrighted content, trademarks, and product images. Trademark and copyright protection are enforced under Turkish IP law.
6. E-Invoice Obligations
Businesses above certain revenue thresholds are obligated to issue electronic invoices (e-Fatura) and maintain digital records under Turkish Revenue Administration (GİB) regulations.
Consumer Rights in Turkish E-Commerce Law
Consumer protection is a central pillar of Turkey’s e-commerce regulations. Key rights include:
Right of Withdrawal
Consumers have a 14-day cooling-off period to cancel a distance contract without penalty and must be refunded in full, including delivery fees.
Right to Return Defective Products
If a product is defective, consumers may request repair, replacement, or a full refund under Law No. 6502 on Consumer Protection.
Right to Timely Delivery
Consumers have the right to receive goods within the promised delivery window and to be informed about the shipment status and potential delays.
Commercial Electronic Messaging Regulations
Businesses must obtain prior consent to send marketing communications. The Ministry of Trade manages the IYS (Message Management System), where consumers can opt in or out of messages. Violations can result in administrative fines.
Legal Support for E-Commerce Operators
Compliance with Turkish e-commerce law is crucial to avoid fines and build customer trust. At Istanbul Lawyer Firm, our experienced Turkish Lawyers provide end-to-end legal consultancy for:
- Website audits and compliance checks
- Drafting contracts, privacy policies, and membership agreements
- Consumer rights disputes and litigation
- KVKK and GDPR compliance
Read our previous article: Work Permit for Foreigners in Turkey