2016.ANA METIN ingilizce.01

Provisions Introduced by the Law on the Regulation of

Electronic Commerce

Att. Selen Ozturk

Introduction

The Law on the Regulation of Electronic Commerce numbered

6563 (“E-Commerce Law”) was published in the Official Gazette

dated 05.11.2014 and numbered 29166 and will enter into force on

01.05.2015. The E-Commerce Law carries importance specifically in

Turkey, which occupies the 9

place among the developing markets

with highest e-commerce potentials

. The scope of the E-Commerce

Law comprises of commercial communication, the liabilities of the

service providers and the intermediary service providers, the agree-

ments concluded by electronic means, the obligation to provide infor-

mation on electronic commerce and the sanctions.

Ratio Legis

of the E-Commerce Law

As indicated in the legislative justification of the E-Commerce

Law, the previous legislation was falling short in regulating the termi-

nology introduced by the developments of the information technology

such as access, content provider and service provider. The E-Commerce

Law is adopted in order to address this problem and hence to fill the

relevant gap in our legal system. Moreover, the E-Commerce Law aims

to achieve harmonization with the relevant European Union (“EU”)

legislation, namely the Directive 200/31/EC on Certain Legal Aspects

of Information Society Services, in particular Electronic Commerce, in

COMMERCIAL LAW

Article of January 2015

Afra, Sina

. Dijital Pazarın Ortak Noktası E-Ticaret: Dünya’da Türkiye’ninYeri, Mevcut Durum

ve Geleceğe Yönelik Adımlar, TÜSİAD Publishing, June 2014, p. 35.

(Date of last access: 20.01.2015)