E-TİCARET HUKUKU HAKKINDA BİLMENİZ GEREKENLER

WHAT YOU NEED TO KNOW ABOUT E-COMMERCE LAW

What is E-Commerce Law?

E-commerce law is a specialized branch of law that includes comprehensive legal regulations, basic principles, application principles and procedures regarding product and service exchanges carried out over the internet and electronic platforms within the framework of the new commerce understanding brought by the digital age. This field is an adaptation of traditional commercial law to the digital world, but it has a unique structure with its own dynamics and requirements.

It covers a wide range of topics in detail, such as commercial transactions conducted over the Internet and various electronic networks, purchases on digital platforms, distance contracts made without physical interaction between the parties, secure electronic payment systems, digital signature applications and online commercial communication. It also covers critical elements of modern commerce such as cybersecurity measures, data protection protocols and the legal validity of electronic documents.

This branch of law aims to protect the fundamental rights, personal data and economic interests of consumers in online shopping processes within the framework of current laws and regulations, while on the other hand, it clearly regulates the legal responsibilities, obligations and standards that businesses operating e-commerce platforms must comply with. In this way, the sustainability of trust, transparency and fair competition in the digital commerce ecosystem is ensured.

The Importance of E-Commerce Law

Technology has had a huge impact on commercial activities, as in all other sectors. Today, the impact of the digital world is felt in every field from the production of goods and services to payment systems, and it has become almost impossible to conduct trade without digitalization. As a result of this evolution, e-commerce, which has been widely adopted, has become an inseparable part of trade and daily life. In this context, e-commerce law draws an important framework in matters such as the progress of e-commerce on the basis of more reliable and legal regulations, the protection of consumers, the provision of a secure trade environment, the regulation of international transactions, and the protection of personal data and intellectual property rights.

What are the Benefits of E-Commerce Law to Consumers?

E-commerce law protects the security of consumers in online shopping. This includes protecting consumers' personal and financial information on websites where they shop, protecting against misleading advertising, and promoting fair trade practices. E-commerce law provides consumers with a much safer and more seamless shopping experience in terms of product price, evaluation, proof, and predictability along with the products they purchase.

• Privacy Rights

On e-commerce platforms, personal data of consumers are collected and processed. This data is under legal protection under the KVKK and provides important rights to users. The regulations grant users fundamental rights such as transparency, approval, access, rectification, deletion (right to be forgotten), data portability and protection against automatic decision-making processes regarding the use and sharing of personal data. Thanks to these rights, users ensure that their personal data is processed securely and have full control over their information.

• What are the Data Protection and Privacy Principles According to E-Commerce Law?

The basic principles protecting these rights in e-commerce law draw a very comprehensive framework. These principles primarily require that personal data be processed in a legally compliant, fair, transparent and accountable manner. Collected data should only be obtained for specific, clear and legitimate purposes, and these purposes should be clearly stated. Another important principle is the principle of data minimization - that is, the obligation to keep the collected data to a minimum level within the limits of necessity (need to know principle). This approach prevents unnecessary data collection and reduces potential risks. The accuracy and timeliness of data are also of critical importance; incorrect or outdated information can harm consumer rights. Collected data should be stored only for the period necessary for the specified purpose and should be destroyed appropriately after this period. Protecting the integrity and confidentiality of personal data and securing it against unauthorized access, modification or disclosure are also among the basic requirements. Data processors are expected to be accountable in all these processes and to be able to document their practices when necessary. The aim of this comprehensive set of principles is to protect the privacy of consumers at the highest level, to manage personal data securely, ethically and transparently, and to establish a trust environment in the digital commerce ecosystem.

• Protection of Intellectual Property

Intellectual property rights grant authors the right to control and economically benefit from their creative works. These rights are generally divided into two categories: copyrights and industrial property rights. Copyrights cover works of thought and art such as literary and artistic works; industrial property rights cover patents, trademarks and industrial designs. With the innovations that e-commerce has brought in many areas from business models to consumer behavior, the protection of intellectual and industrial property rights has also become more complex. E-commerce law includes mechanisms that protect intellectual property rights to overcome these new challenges. The protection of intellectual property within the scope of e-commerce ensures that content, innovations and brands produced or shared in the digital environment are secured against unfair use. This protection grants the owners of creative works, patents, trade secrets, brands and designs the right to control and economically exploit their works.

• Right to Request a Warranty Certificate

The warranty certificate regulation determines which products must be sold with a warranty certificate and the procedures and principles regarding warranty certificates. Manufacturers and importers must issue a warranty certificate in understandable, clear and plain language for certain products they manufacture or import for consumers. This document can be provided in writing on paper or via permanent data storage—but it must be provided in writing upon consumer request. If the product you purchased does not have a warranty certificate or the information on the document is incomplete, you can request the seller to correct the deficiencies and issue a complete warranty certificate.

• Defective Product or Service

Sellers and service providers guarantee that the products and services offered to consumers are of a certain quality and standard. Defective goods are products that do not comply with the parties' agreement or objective standards, and do not have the promised features. For example, products that do not meet the characteristics stated in their packaging or advertisements, and that reduce the usage value or the benefit expected by the consumer are included in this scope. Defective services are services that do not comply with the terms of the contract or reasonable expectations, and that contain deficiencies in terms of presentation, quality or results.

Sellers are responsible to consumers for defective goods and services. When a consumer encounters a defective good or service, they have four basic rights of choice: withdrawal from the contract, free repair, discount in proportion to the defect or replacement with a defect-free equivalent. In the exercise of these rights, the seller, manufacturer and importer are jointly and severally responsible (for the entire defect). This regulation ensures that consumer rights are protected in relationships with more than one party. Another important point is that defects that occur within the first six months after the delivery of the goods are considered to have existed at the time of delivery, and in this case, the burden of proving that the goods are not defective belongs to the seller.

• Promotion and Promotion Rules

E-commerce law basically protects the consumer. In this context, product introductions and promotions published by manufacturers are subject to certain rules. All promotions and advertisements must clearly state the terms, duration and any restrictions of the offer. All necessary information must be provided so that consumers can fully understand the offer. This information must be completely accurate and must not be misleading or incomplete. Advertisements must not insult competing products in violation of competition law or contain false information about these products. Discounted prices must be clearly displayed, and prices before and after the discount must be clearly stated.

• E-Invoice Obligation

Within the scope of e-commerce law, electronic invoice (E-invoice) is a mandatory application that requires businesses to issue and store invoices in a digital environment. This obligation was introduced to facilitate tax registration, increase financial transparency, and improve the speed and security of transactions.

In Turkey, the Revenue Administration (GİB) has made the use of e-invoice mandatory for businesses above a certain revenue threshold. As of 2022, companies with a gross sales revenue or turnover of 3 million TL and above must switch to e-invoice by July 1, 2024, regardless of sector. This transition also makes e-ledger application mandatory as of the beginning of 2025. Businesses can complete the process by applying to the Public Certification Center for the transition to e-invoice and paying the determined fee.

The e-invoice application provides businesses with cost savings, speeds up transactions, and facilitates system integration. It offers an environmentally friendly solution with its digital invoice issuance and storage feature. The system can be used with tools such as DİA and is compatible with existing accounting programs. The e-transformation solutions offered by DİA offer businesses a unique service in their accounting systems.

The Revenue Administration has reduced turnover limits over time to popularize the use of e-invoices. The penal sanctions imposed on businesses that do not switch to the system emphasize the importance of this regulation.

• Right of Withdrawal

The consumer's right of withdrawal allows customers to cancel the purchase and return the product within a certain period of time without giving a reason and paying a penalty if they are not satisfied with the product or service they have purchased. This right is of critical importance in terms of protecting the consumer, especially in online shopping.

Certain conditions are required for the use of the right of withdrawal. The consumer can exercise this right by notifying the seller of the product or service they have purchased in distance sales 14 days. The product must not have been used beyond the normal inspection process; otherwise, the right of withdrawal may be invalid. The consumer must make the withdrawal notification in writing or via a permanent data storage device. It is important that the notification is clear and concise. When the right of withdrawal is exercised, the seller must refund the amount paid by the consumer without deduction and promptly.

When the right of withdrawal is exercised, product returns and refunds are made within the framework of the Law on Consumer Protection and related regulations. This process aims to protect consumer rights and to conduct the consumer-seller relationship fairly. The right of withdrawal provides assurance and flexibility to customers as an important part of modern consumer law.

What are the Legal Texts that Should be Available on E-Commerce Sites?

• Personal Data Protection Law (KVKK)

According to the Personal Data Protection Law, e-commerce sites must contain informative texts regarding the collection, processing, storage and sharing of users' personal data. These texts must be prepared in accordance with the Personal Data Protection Law (KVKK) and the Regulation on Commercial Communications and Commercial Electronic Messages. The privacy policy provides comprehensive information on the management of user data. These texts are of critical importance in terms of protecting user privacy and ensuring that businesses fulfill their legal obligations. The information and approval texts within the scope of the KVKK (Personal Data Protection Law) must include the following headings in accordance with data protection regulations in Turkey:

1. Introduction and Purpose: Explains the purpose, scope and company information of the contract.
2. Scope of the Law: Explains the basic principles and purposes of the Personal Data Protection Law.
3. Collected Data: Collected user data (name, address, e-mail, phone number, IP address, usage data, etc.) and collection methods (registration forms, cookies, session records, etc.) are explained.
4. Data Use: The purposes of using the collected data are specified (marketing, user experience improvement, service provision, etc.).
5. Sharing and Transfer: The conditions and scope of sharing data with third parties are explained.
6. Data Security: Technical and administrative measures for the protection of user data are explained.
7. User Rights: Data access, correction, deletion and objection rights are explained.
8. Identity of the Data Controller: The legal identity and contact information of the e-commerce site are specified.
9. Categories of Personal Data Processed: The categories of data processed (identity, communication, location, financial data, etc.) are explained.
10. Data Processing Purposes: The purposes of data processing and legal bases are specified.
11. Data Transfer: The legal framework of data transfer to third parties is explained.
12. User Rights: Rights within the scope of KVKK and their methods of use are detailed.



These texts meet the legal obligations of e-commerce sites while also strengthening user trust and minimizing legal risks. E-commerce sites should view KVKK texts not only as a legal requirement, but also as an important part of customer relations and reputation management. Therefore, it is of great importance that the texts are transparent, understandable and easily accessible.

• Distance Sales Contract
• Distance Sales Contract is an indispensable legal text for e-commerce platforms, regulated in Turkey within the framework of the "Law on Consumer Protection and Distance Contracts Regulation".
• This contract regulates purchases made between the seller and the consumer without face-to-face meetings. The contract includes a detailed description of the product or service, its price and delivery conditions. The seller's commitments are clearly stated and the contract becomes valid with the buyer's approval. The contract explains in detail the features of the product or service, its total price (including taxes and shipping), delivery information and the consumer's right of withdrawal.
• It is mandatory that all information is presented in a clear and understandable manner before the consumer's approval. The approved contract clearly sets out the parties' rights and obligations and ensures the security of e-commerce transactions.
• These contracts, prepared separately for each sale, secure consumer rights. The consumer must be notified of the sale and payment confirmation, and a copy of the contract must be kept by the seller for at least three years.
• The contract states that the consumer will be under a payment obligation with the order confirmation, and the responsibility to prove this notification lies with the seller.
• The contract must be prepared in at least 12 points and must clearly state how potential disputes will be resolved and the competent authorities.


• Membership Agreement

Membership agreements on e-commerce sites are basic documents that explain in detail the terms of use of the site, the rights and obligations of members, the rules of conduct and possible legal consequences. These agreements may differ depending on the characteristics of each platform. The membership agreement is an official text that the user accepts when becoming a member of the site and determines the legal relationship between the parties.

Every user who becomes a member of the site must read and accept this agreement. For the legal validity of the agreement, there must be a mechanism (such as a checkbox) indicating that the user has read and approved the text. The agreement must comply with current legal rules and must be updated regularly. In any dispute, this agreement is considered the basic reference.

Even on e-commerce sites without a membership system, there must be a text regarding the terms of use. These conditions inform users about the site conditions and clearly state the parties' legal obligations.

• Preliminary Information Form

The preliminary information form is a mandatory document prepared under the Distance Contracts Regulation and prepared to protect the consumer. This form allows consumers to make an informed purchasing decision by learning all the important details about shopping. It prevents possible misunderstandings and disputes by providing consumers with transparent and understandable information about the product or service. The approval of the form by the buyer is a fundamental part of the sales process. This document is of critical importance in increasing transparency and ensuring consumer trust in e-commerce. The form must be written in plain language that the consumer can easily understand and must be at least 12 points in size.

• Commercial Electronic Message Approval

Commercial Electronic Message Approval Text refers to the legal approval that must be obtained before sending commercial electronic messages to customers. This text requires e-commerce sites to obtain permission before sending promotional, advertising or similar content to their users via SMS, email or other digital channels.

The following information should be clearly stated in this text:

• Name and contact information of the company sending the message
• Purpose and scope of the messages
• Voluntariness of consent
• Method of obtaining consent (e.g., ticking a box or filling in a form)
• Users’ right to reject or revoke consent to messages
• How to revoke (e.g., clicking on a link or calling customer service)
• Method of protection of personal data and purposes of use



E-commerce site owners must comply with relevant legal regulations and observe user rights while preparing this text.

Note: This article is for general information purposes. Expert opinion should be obtained for specific legal situations.

To summarize;

•   E-commerce law is a special branch of law that regulates commercial transactions made on digital platforms, protects consumer rights and determines the obligations of businesses.
•   This branch of law provides important rights to consumers regarding the protection of personal data, intellectual property rights, right of withdrawal and defective goods/services.
•   E-commerce law ensures trust and transparency in the digital commerce ecosystem by creating the necessary legal framework for consumers to shop safely.

  Establish and Manage Your E-Commerce Company Safely with Ifasturk

Dear entrepreneurs,
Don't be worried about the complexity of legal processes as you step into the world of e-commerce. As Ifasturk, we are with you in all processes from the establishment to the management of your e-commerce company. Our expert team takes into consideration all the requirements within the scope of e-commerce law that we have explained in detail above:

• Completes your company establishment procedures quickly and smoothly
• Manages your e-invoice and e-ledger processes in accordance with legal regulations
• Ensures your KVKK compliance and prepares your privacy policies
• Professionally organizes your legal documents such as warranty document, right of withdrawal and return processes
• Makes the necessary applications for the protection of your intellectual property rights

You can also benefit from Ifasturk's professional services to safely launch your e-commerce initiative. For detailed information, you can visit our website or contact our expert team.

We wish you success in your e-commerce journey!

Mesut SENEL | Ifasturk CEO

Certified Public Accountant