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Business

The e-commerce bill passed the commission

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The bill amending the e-commerce regulation law was accepted by the parliamentary committee on industry, trade, energy, natural resources, information and technology.

With the proposal, agreements are made for e-commerce intermediation service providers and e-commerce service providers, taking into account scales, in order to prevent unfair competition and monopolization in e-commerce, to facilitate the entry of new players in the market, and to ensure balanced and healthy growth of the market.

Businesses operating in the travel agency, civil aviation, private pension, banking, insurance, finance, capital market, payment services, betting and gambling and electronic communications sectors will not be accepted as e-commerce brokerage service providers or e-commerce service providers.

New terms and concepts will be added to the law

Intermediary service providers that allow you to conclude contracts or place orders for the supply of goods or services of other e-commerce service providers, regardless of whether they sell in the e-commerce market, acting as “trade intermediary service providers electronic”; Service providers who enter into contracts for the supply of their goods or services or receive orders, whether in the e-commerce market or in their e-commerce environment, will be referred to as “e-commerce service providers”.

The definitions of e-commerce market and e-commerce environment will be added to the law in order to ensure certainty regarding the e-commerce environment in which the e-commerce intermediary service provider provides intermediary services.

The net transaction volume will include the sum of the final invoice or invoice replacement document values, including all taxes, funds, fees and the like. If the e-commerce intermediary service provider has more than one e-commerce market, the net transaction volume will be calculated while these markets are selling and if the e-commerce service provider has more than one e-commerce environment. -commerce, the volume achieved through all these environments will be included in the net volume of transactions.

Illegal content

Unless otherwise stipulated in other laws, the intermediary service provider is not liable for unlawful matters relating to the content offered by the service provider and the goods or services covered by the content.

If the e-commerce intermediary service provider is aware that the content offered by the e-commerce service provider is illegal, it will remove such content without delay and inform the relevant public institutions and organizations about the illegal matter.

The e-commerce intermediary service provider, upon complaint of the holder of the right based on information and documents, regarding the infringement of intellectual and industrial property rights, removes the product of the e-commerce service provider, which is the subject of the complaint, and notifies himself and the right owner of the situation.

After submitting the e-commerce service provider to the intermediary service provider on the basis of information and documents proving the contrary of the complaint, the product that is the subject of the complaint will be republished.

Complaints and objections; This will include clear identity and address information of data subjects, information on the product in question, reasons for removal or the need to publish the product and other matters determined by the regulation. The right of the interested parties to contact the judicial and administrative authorities according to the general provisions is reserved.

The authority to “protect an effective and fair competition environment” to the Ministry of Commerce

The Ministry of Commerce will be authorized to ensure the development of electronic commerce, to maintain an effective and fair competition environment and to regulate the activities of service providers and intermediary service providers.

In order to ensure the implementation of the law, the Ministry will be authorized to conduct audits and explain the results of the audit, to appoint an expert in cases requiring special technical skills or knowledge during the audit, to determine the rights and obligations of the expert and the procedures and principles relating to the assignment.

The intermediary service provider and the service provider will be obliged to keep the information, documents, records and electronic records of the activity and transactions under the settlement for 10 years from the date of the work or transaction.

The Ministry of Commerce will be authorized to receive information from natural or legal persons who send commercial electronic messages via voice call and SMS from the Information and Communications Technology Authority.

Administrative sanctions

With the proposal, the e-commerce intermediary service provider, who practices unfair commercial practices in e-commerce, will be sanctioned from 10 thousand to 100 thousand lire for each e-commerce service provider with improper practice.

An administrative fine of 500,000 TL will be imposed on the e-commerce intermediary service provider, requiring the e-commerce service provider to sell products or services with a campaign, including unilateral changes in the selling price by the service provider. e-commerce intermediary, for each e-commerce service provider.

Except for the e-commerce environments included in the net transaction volume, TL 10 million to the e-commerce intermediary service provider, which provides access between their e-commerce environments and promotes each other in such environments, if it provides an electronic environment for the publication of goods or advertisements for services, goods or services in the same environment. an administrative fine of 20 million lire.

After the last notification and information made by the Ministry of Commerce, the service provider of electronic commerce tools and the provider of electronic commerce services will be able to carry out business and transactions relating to past orders only in order not to harm consumers and suppliers of e-commerce services in the market. If the violation is not eliminated within the set deadline, the Ministry may decide to remove the content or block access to the relevant Internet addresses of the e-commerce tool service provider or e-commerce service provider.

Despite the application of the administrative sanction, if the violation has not ceased within the term set by the Ministry of Commerce or if the same violation is repeated within 1 year from the date of notification of the sanction, the administrative sanction of double the previous sanction will be applied.

In the event that the acts connected with administrative sanctions are committed with works and transactions aimed at misleading the Ministry of Commerce, the sanctions themselves will be applied 10 times.

Total amount of administrative penalties for a calendar year, net transaction volume of TL 60 billion under it cannot exceed 500 million lire for the intermediary service provider or service provider.

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