The Electronic Commerce Law, officially known as Law No. 6563 on the Regulation of Electronic Commerce, is the main law that regulates the fundamental principles and procedures related to electronic commerce in Türkiye. This law is one of the core regulations that defines the rights and obligations of service providers, intermediary service providers, electronic commerce service providers, electronic commerce intermediary service providers, buyers and related parties in commercial activities carried out electronically. The Ministry of Trade also lists Law No. 6563 as the main law in the field of electronic commerce.
The purpose of the law is to ensure that electronic commerce is conducted in a more transparent, secure and auditable manner within a defined legal framework. Within this scope, the law regulates commercial communication, responsibilities of service providers and intermediary service providers, contracts made through electronic communication tools, information obligations, commercial electronic messages, order processes, provisions related to personal data protection and sanctions. Therefore, the Electronic Commerce Law is not only related to B2C sales, but also to B2B, C2C, marketplace structures, digital platforms and commercial electronic communication processes.
Electronic commerce does not only mean selling a product over the internet. Commercial activities involving goods and services carried out through websites, mobile applications, marketplaces, social media, email, SMS or other digital channels can be considered within the scope of electronic commerce. However, electronic commerce activities should not be evaluated only under Law No. 6563. The Consumer Protection Law, Distance Contracts Regulation, Personal Data Protection Law, payment services legislation and sector-specific regulations may also need to be considered together.
One of the key concepts in the law is the service provider. A service provider refers to a real or legal person engaged in electronic commerce activities. For example, a brand selling products through its own website, a company offering online services or a business receiving orders through its own digital channel may be considered a service provider. An intermediary service provider is a real or legal person that provides an electronic commerce environment for others to conduct their commercial activities. Marketplaces, platforms that bring sellers and buyers together and similar intermediary structures can be given as examples.
With the amendments made in 2022, more detailed rules were introduced for e-commerce marketplaces and large-scale platforms. The Ministry of Trade states that these changes were made to prevent activities that distort or restrict competition in e-commerce, support a multi-actor market structure and ensure healthy growth in the sector. Within this scope, issues such as preventing unlawful content, ending unfair commercial practices against sellers on marketplaces, regulating data use, advertising activities, licensing certain large-scale platforms and limiting activities in some strategic sectors became prominent.
One of the important topics of the Electronic Commerce Law is transparency in the order process. For orders placed through electronic communication tools, the service provider must ensure that the buyer can clearly see the contract terms, including the total amount to be paid, before entering payment information. The service provider must also confirm receipt of the buyer’s order without delay through electronic communication tools. The order and the confirmation of receipt are considered to have taken place when the parties are able to access these declarations.
The information obligation is also one of the core elements of the law. Before the contract is concluded, the service provider must present identifying information in a way that buyers can easily access, explain the technical steps required to establish the contract, state whether the contract text will be stored and whether the buyer can access it later, explain how data entry errors can be identified and corrected, provide information on privacy rules and, if available, alternative dispute resolution mechanisms. These obligations aim to help the buyer make a more informed decision and ensure that the transaction process proceeds transparently.
The Electronic Commerce Law also includes important rules regarding commercial electronic messages. A commercial electronic message refers to data, audio or visual messages sent electronically and for commercial purposes through tools such as telephone, call centres, fax, automatic calling systems, email and SMS. Messages sent for marketing, promotion, campaign and commercial information purposes can fall within this scope. The Ministry of Trade also publishes information on the rules and complaint processes related to commercial electronic messages.
Commercial electronic messages should be distinguished from transaction-based notifications such as order confirmations, invoices, shipping updates or account security messages. For commercial electronic messages that have a marketing or promotional purpose, recipient consent, the right to opt out and permission management are generally important. In contrast, mandatory notifications related to the performance of a contract, such as confirming that an order has been received, sharing shipping information or sending invoice details, are evaluated differently from marketing permission. Therefore, brands should structure commercial communication permissions and operational notification processes separately.
The Message Management System, known in Türkiye as İleti Yönetim Sistemi or İYS, is an important structure for managing commercial electronic message permissions. According to the Ministry of Trade, an amendment to Law No. 6563 authorized the establishment of an electronic system that allows commercial electronic message approvals to be obtained and the right to opt out to be exercised. İYS aims to allow citizens to view, control and withdraw their communication permissions from a single point. This structure is also important for service providers in terms of managing permission processes and meeting the burden of proof.
Transparency, trust and recordability are critical in electronic commerce activities. Seller information, product or service features, total price, delivery terms, return processes, payment options and contract terms should be presented clearly to the user. An e-commerce website should not focus only on making sales; pre-order information, order confirmation, customer communication, return processes and commercial communication permissions should also be managed in compliance with the legislation.
The Electronic Commerce Law is not only a legal requirement for e-commerce businesses, but also a fundamental framework for creating a trustworthy digital commerce experience. It is important for the digital commerce ecosystem that users can access accurate information before making a transaction, are not misled during the order process, have control over commercial messages and can benefit from complaint mechanisms. For this reason, businesses engaged in e-commerce should consider the law not only to avoid penalties, but also to increase user trust and support sustainable growth.
In summary, the Electronic Commerce Law defines the basic legal framework for electronic commerce activities in Türkiye. It covers many areas, from order processes and commercial electronic messages to service provider obligations and intermediary platform responsibilities. However, e-commerce legislation is not limited to this law alone. Distance sales, consumer rights, personal data, cookies, payment systems, marketplace obligations and sector-specific regulations should be evaluated together.
