2016.ANA METIN ingilizce.01

the Internal Market (“Directive”)

The Obligations of the Service Provider

Defined in Art. 2/1(ç) of the E-Commerce Law as “

real or legal

persons engaging in electronic commercial activities…

”, the service

provider is obliged to provide certain information to the recipient

before the conclusion of an agreement by electronic means pursuant to

Art. 3/1. The relevant information are listed in the article as up-to-date

and easily accessible introductory information of the service provider,

technical steps necessary for the execution of the agreement, informa-

tion on whether the executed agreement will be preserved by the ser-

vice provider and whether it will be accessible by the recipient, the

information regarding the technical tools for the determination and

correction of the errors in data entry, the privacy rules and information

in relation to alternative dispute resolution methods.

In accordance with this provision, the recipient is acquainted with

the sales procedure before the agreement is executed and gives his/her

decision accordingly. Therefore, the relevant obligation is an obliga-

tion which relates to the stage prior to the execution of the agreement.

Moreover, Art. 3/3 of the E-Commerce Law stipulates that in case that

the parties are not consumers, it is not obligatory to provide informa-

tion on the trade association and the code of conduct of the service

provider to the recipient. However in any case, the seller is under the

obligation to enable the recipient to preserve the contractual provisions

and general transaction terms. Thus, a unilateral amendment to the

contractual terms by the seller is prevented and the review of the

agreement by the recipient is enabled.

Regulations Concerning the Order

The Art. 4 entitled “Order” regulates the principles concerning the

orders placed through electronic communication tools. The relevant

article regulates order placing stage. Accordingly, the first obligation

NEWSLETTER 2015

Directive 200/31/EG on Certain Legal Aspects of Information Society Services, in particular

Electronic Commerce,

32000L0031&from=DE (Date of last access: 20.01.2015).