Recent Developments in Turkish E-Commerce Legislation – Türk E-Ticaret Mevzuatında Güncel Gelişmeler

Bu yazımızda Türk E-Ticaret Mevzuatı bağlamında yaşanan güncel gelişmelere ilişkin farazi bir diyalog metni bulacaksınız.

Hukuk İngilizcesi terminolojisi bakımından metin sonunda bir adet kelime listesi ve test çalışması da sizleri bekliyor.

Keyifli Çalışmalar…

Dialogue between Lawyer Ali and Lawyer Bob:

Lawyer Ali: Good morning, Mr. Bob! I hope you had a chance to review the recent amendments to the Law on the Regulation of Electronic Commerce?

Lawyer Bob: Good morning, Mr. Ali! Yes, I did take a look at it, but I must admit, it’s quite complex. Could you give me a brief explanation of the main issues covered by the recent amendments?

Lawyer Ali: Of course! The recent amendments to the Law on the Regulation of Electronic Commerce were made on 07.07.2022. These changes resulted in the publication of the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers in the Official Gazette on 29.12.2022.

Lawyer Bob: So, what does the Regulation cover exactly?

Lawyer Ali: The Regulation addresses various aspects of electronic commerce. It focuses on the obligations of electronic commerce intermediary service providers (ETAHS) and electronic commerce service providers (ETHS). It also deals with issues such as unfair commercial practices in electronic commerce, illegal content, intermediation agreements, electronic commerce licenses, and other matters related to electronic commerce.

Lawyer Bob: I see. So, what’s the reason behind these amendments?

Lawyer Ali: The main purpose of these amendments is to assist smaller e-commerce companies in competing and to foster a fair competition environment. However, these changes have sparked numerous discussions due to concerns about overregulation and the tightening of e-commerce legislation.

Lawyer Bob: I heard that there was a request for a stay of execution for the Regulation. What’s the latest on that?

Lawyer Ali: That’s correct. The Council of State granted a stay of execution for several provisions of the Regulation, including issues related to unlawful content, violation of intellectual property rights, intermediation agreements, payment services, advertising, and discount budgets. However, the Ministry of Trade has appealed this decision, and the Plenary Session of the Administrative Law Chambers will now review the relevant provisions.

Lawyer Bob: That’s quite a process. I also heard about a lawsuit at the Constitutional Court. What’s that about?

Lawyer Ali: Yes, a lawsuit has been filed to cancel certain provisions of the Law at the Constitutional Court. However, the court recently ruled that the provisions restricting companies’ activities if their sales exceed a certain threshold are in line with the constitution and rejected the cancellation request. We’re still waiting for the reasoned decision to be published. Additionally, it’s expected that the Plenary Session of the Administrative Law Chambers will decide on the Regulation’s compliance with the law, similar to the Constitutional Court’s decision.

Lawyer Bob: So, if the Plenary Session decides to lift the stay of execution, what provisions will be implemented?

Lawyer Ali: If the stay of execution is lifted, some of the provisions that will be executed include the requirement for ETAHS and ETHS to obtain an electronic commerce license, and the determination of license fees based on monetary thresholds. It will also restrict the advertising and discount budgets of large and very large-scale ETAHS and ETHS, with exemptions for certain sponsorship expenses.

Lawyer Bob: Got it. These provisions seem to aim at regulating the conduct of large e-commerce companies. Any specific goals in mind?

Lawyer Ali: Yes, the provisions aim to prevent large e-commerce companies from engaging in aggressive advertising policies, misleading practices, and unfair competition in budget allocation for advertising and discounts. The goal is to create a more level playing field and protect consumers’ interests.

Lawyer Bob: That makes sense. I can see how these changes could impact the e-commerce landscape in Turkey. Thanks for the explanation, Mr Ali!

Lawyer Ali: You’re welcome, Mr. Bob! If you have any more questions or need further clarification, feel free to ask.

Legal English Terminology Dictionary with Turkish Equivalents:

Law on the Regulation of Electronic Commerce: Elektronik Ticaretin Düzenlenmesi Hakkındaki Kanun
Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers: Elektronik Ticaret Aracı Hizmet Sağlayıcıları ve Elektronik Ticaret Hizmet Sağlayıcıları Hakkındaki Yönetmelik
Electronic Commerce Intermediary Service Providers (ETAHS): Elektronik Ticaret Aracı Hizmet Sağlayıcıları (ETAHS)
Electronic Commerce Service Providers (ETHS): Elektronik Ticaret Hizmet Sağlayıcıları (ETHS)
Unfair Commercial Practices: Haksız Ticari Uygulamalar
Illegal Content: Yasadışı İçerik
Intermediation Agreement: Aracılık Anlaşması
Electronic Commerce License: Elektronik Ticaret Lisansı
Stay of Execution: Yürütmenin Durdurulması
Council of State: Danıştay
Ministry of Trade: Ticaret Bakanlığı
Constitutional Court: Anayasa Mahkemesi
Plenary Session of the Administrative Law Chambers: İdari Dava Daireleri Genel Kurulu
Cancellation Request: İptal Talebi
Threshold: Eşik Değer
Budget Allocation: Bütçe Tahsisi
Level Playing Field: Eşit Şartlarda Yarış Alanı
Misleading Practices: Yanıltıcı Uygulamalar

Multiple Choice Test:

1.What was the main purpose of the recent amendments to the Law on the Regulation of Electronic Commerce?

a) To increase taxes on e-commerce companies.
b) To foster a fair competition environment and assist smaller e-commerce companies.
c) To regulate the advertising practices of large e-commerce companies.
d) To eliminate electronic commerce licenses for all companies.

2.What is the role of ETAHS and ETHS in electronic commerce?

a) They are responsible for regulating e-commerce practices.
b) They are large-scale e-commerce companies.
c) ETAHS provide intermediary services, and ETHS offer e-commerce services.
d) They are government agencies overseeing e-commerce businesses.

3.What was the decision of the Constitutional Court regarding the provisions of the Law restricting companies’ activities if their sales exceed the determined threshold?

a) The court ruled in favor of cancellation.
b) The court rejected the cancellation request.
c) The court referred the matter to the Council of State.
d) The court ordered a stay of execution for those provisions.

4.What will happen if the Plenary Session of the Administrative Law Chambers decides to lift the stay of execution for the Regulation?

a) All the provisions will be immediately implemented.
b) The Regulation will be canceled in its entirety.
c) Only the provisions related to electronic commerce licenses will be implemented.
d) Only specific provisions, like advertising and discount budgets, will be executed.

5.The provisions of the Regulation aim to prevent large e-commerce companies from:

a) Engaging in aggressive advertising policies and misleading practices.
b) Providing sponsorship expenses to small businesses.
c) Offering discounts to consumers without a budget.
d) Allowing unfair competition among large and small companies.

Answers:

b) To foster a fair competition environment and assist smaller e-commerce companies.
c) ETAHS provide intermediary services, and ETHS offer e-commerce services.
b) The court rejected the cancellation request.
d) Only specific provisions, like advertising and discount budgets, will be executed.
a) Engaging in aggressive advertising policies and misleading practices.