The law amending the law on the regulation of electronic commerce in order to prevent monopolization in electronic commerce came into force after being published in today’s issue of the Official Gazette.
According to the law contained in today’s Official Gazette; Unfair trading practices in e-commerce will be prevented. The deadlines for payments to suppliers by service providers will be reduced. You will be prevented from unfairly charging sellers without providing any service. Service providers will be prevented from offering or mediating in the sale of goods bearing their own brands or those with whom they have economic integrity.
NEW DEFINITIONS ARRIVE
The definitions of “electronic commerce marketplace” and “electronic commerce environment” will be added to the law in order to provide certainty regarding the electronic commerce environment in which the electronic commerce intermediary service provider provides intermediary services.
As part of the obligations imposed on providers of electronic commerce intermediation services with a net volume of transactions exceeding 10 billion Turkish lira; E-commerce tool service providers will be licensed. By using the data obtained from the service providers, unfair competition with the providers will be prevented. Sellers will be able to move their data to other e-commerce markets at any time. In case of operation in multiple e-commerce environments, access between these environments will not be provided. The audit report prepared by the auditing company will be sent to the Ministry of Commerce.
ADVERTISING AND DISCOUNT ACTIVITIES WILL BE BLOCKED TO EXCLUSIVE COMPETITORS
As for e-commerce service providers with a net transaction volume of TL 30 billion and a transaction number greater than 100,000, the service provider markets will be prevented from engaging in advertising and discount activities in so as to exclude competitors on the market. The service provider will be prevented from restricting sellers from offering goods or services at the same or different prices or from advertising through alternative channels. You will be prevented from forcing any person to provide goods or services.
On the other hand, restrictions will be imposed on service providers of e-commerce tools with a net transaction volume of TL 60 billion and a number of transactions exceeding 100,000 on portfolio-like e-money activities in the markets. Cargo activities will be limited, with the exception of sales by e-commerce intermediary service providers in markets, sales as vendors, and physical sales. In the event that it provides an electronic environment for the publication of advertisements for goods or services, it will be prevented from allowing the conclusion of contracts or the placing of orders for the supply of goods or services in the same environment.
Penalty for non-fulfillment
According to the law; The e-commerce intermediary service provider, which carries out unfair commercial practices in e-commerce, has laid the groundwork for an administrative fine of between 10 thousand and 100 thousand lire for each provider of e-commerce services with incorrect practice.
The e-commerce intermediary service provider, which obliges the e-commerce service provider to sell the goods or services with the campaign, including the unilateral change in the sale price by the e-commerce intermediary service provider commerce, will be fined 500 thousand lire for each e-commerce service provider.
TL 10 million for the e-commerce intermediary service provider and provider, providing access between their e-commerce environments, excluding e-commerce environments, and promoting each other in such environments, in if they provide an electronic environment for the publication of advertising of goods or services, for the supply of goods or services in the same environment and the service provider of the electronic commerce intermediary will be fined 20 million Turkish Lira.
Businesses operating in the travel agency, civil aviation, private pension, banking, insurance, finance, capital market, payment services, betting and gambling and communications sectors e-commerce services will not be accepted as e-commerce brokerage service providers or e-commerce service providers.
E-commerce brokerage service providers will comply with their obligations by January 1, 2024. The obligation to obtain a license will be fulfilled from January 1, 2025. The regulation will enter into force on January 1, 2023.