Law On The Regulation Of Electronic Commerce

Original Language Title: Elektronik ticaretİN düzenlenmesi hakkında kAnun

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6563.html

Law No. 6563

Acceptance Date: 23/10/2014

Purpose and scope Article 1 (1) The purpose of this law is to the principles and procedures of the regulations on electronic commerce.
(2) of this Act, commercial communications, service providers and intermediary service providers' responsibilities, provide information on electronic commerce and contracts made with electronic media obligations and includes sanctions.

Definitions Article 2 (1) the implementation of this Act;
A) Electronic commerce: Physical confront without coming, the online economic and trade all kinds of activities carried out electronically
b) Commercial communications: Domain names and e-mail address, except to provide gain in a professional or commercial activity as any communication relating to electronic commerce,
c) commercial electronic message: phone, call centers, faxes, automatic dialing equipment, intelligent voice recording systems, electronic mail, short message service performed electronically using means such and sent for commercial purposes data audio and video content, messages
d) service provider: natural or legal persons in electronic commerce activities
d) Agent service provider: others belonging to the economic and the establishment of commercial activities in real and legal persons for the electronic trading environment
e) Ministry of Customs and Trade Ministry, refers
.

Disclosure requirements of Article 3 (1) Service provider, prior to the conclusion of a contract by means of electronic communication;
A) Buyer easily accessible to form and currently identifying information,
b) Information on the technical steps to be followed for the establishment of the Convention
c) After the establishment of the Convention text of the Convention, and to collect, by the service provider than the recipient of this contract after that it is possible the access to and information about whether this access is how long provided,
d) the data in the error of open and to determine clearly the inputs and information on the technical means for rectification,
d) the applicable privacy rules and alternative dispute resolution if information on the mechanism provides
.
(2) Service provider What if the profession and the professional code of conduct room where members and specifies their way can be reached electronically.
(3) In cases where the parties have consumer the parties may agree otherwise in the first and second paragraphs of regulations.
(4) Service provider of contract terms and general terms and conditions allow to be stored by the purchaser.
(5) The first and second paragraphs do not apply to contracts concluded exclusively by electronic mail or other individual communication tools.
Order
Article 4 (1) the following principles in the order given by electronic means of communication are available:
a) the service provider, prior to the entry of and payment details step confirmation of the order, pay, including the total price, the buyer of the contract terms provides clearly be seen by.
B) the service provider shall immediately order the buyer confirms that receive the electronic communication tools.
C) acknowledge receipt of the order and order the parties' access to the declaration shall be deemed to have taken place as soon as possible.
(2) the service provider, the buyer before the order can be appropriate in order to determine and correct data entry errors, provide effective and accessible technical means.
(3) In cases where the parties have consumer the parties may agree otherwise in the first and second paragraphs of regulations.
(4) of paragraph (a) and (b) the second paragraph and paragraph does not apply to contracts concluded exclusively by electronic mail or other individual communication tools.

Principles relating to commercial communication Article 5 (1) Business communication:
a) the commercial communication and the information that must be submitted to real or legal person is not clearly identified in the name of the contact.
B) Discounts and the promotional contest or game with promotions such as gifts be able to identify clearly the nature of the participation in it and easily be able to achieve the conditions to benefit from them, and these terms should be understood to leave the place open and suspicion.
Sending commercial electronic message must

Article 6 (1) Commercial electronic messages are sent to buyers, but as long to get their prior approval. This approval can be obtained by writing or by any electronic means of communication. In case of giving the recipient's contact information in order to be contacted by itself, change in the supply of the goods or services for commercial electronic messages for use and maintenance also will not be approved.
(2) Artisans and merchants commercial electronic messages to be sent without prior consent. The content of the commercial electronic message

Article 7 (1) the content of the commercial electronic message must be in accordance with the approval received from the buyer.
(2) in the message, depending on the type of communication service providers with information that enables the recognition of the telephone number, fax number, e-mail address is accessible as text messaging number and contact information in the case is located.
(3) in the message, depending on the type of communication, the subject of the message, the purpose and the information has been made in the case made on behalf of someone else whose name is also included. Buyer's right to refuse commercial electronic messages

Article 8 (1) Buyers at any time, without specifying any reasons may refuse to receive commercial electronic messages.
(2) Service provider of rejection notices, to ensure easy and free to be transmitted by means of electronic communication and the messages they send are responsible for providing the necessary information in this regard.
(3) to reach the request after the service provider stops sending electronic messages to the recipient within three business days. The obligations of
Agent service providers
Article 9 (1) Tool service providers, checking the facts and content provided by entities that use electronic media they serve, the content and the subject goods or services related to unlawful activity or is not obliged to investigate whether the situation in question.
(2) of this Act, 3, 4, 5, 6, 7, and rules and procedures for the implementation of the liability of intermediary service providers in Article 8 of the regulation is determined by regulation.

Protection of personal data Article 10 (1) Service provider and agent service provider:
a) obtained by the processes that have been made under this Act and is responsible for the storage of personal data security.
B) can not transmit personal data to third parties without the consent of the person concerned and not use it for other purposes.

Authority of the Ministry Article 11 (1) of the implementation of this Act and to take all measures related to the development of electronic commerce and is authorized to control.
(2) The Ministry assigned control elements, this Act within the scope of any information with respect to matters falling under the Ministry authority, documents and books, to ask them to examine and take samples, is authorized to receive oral and written information from relevant interested parties requested information, documents and books with electronic records, thorough examples and give as fair, it is obliged to meet the demands of written and verbal information and every assistance and facility.

Penal Provisions Article 12 (1) of this Act;
A) the obligations under Article 3, Article 4 of the first paragraph of (a) the obligations in clause from Article 6 of the first paragraph or Article 7 of thousand Turkish liras to and brokerage service providers service providers who act contrary to the first paragraph of up to five thousand Turkish lira
b) Article 4 of the first paragraph (b) of paragraph or the second paragraph of the same article, Article 5 of the first paragraph of paragraph (a) or in Article 7 of the second and the service providers who act contrary to the obligations of the third paragraph and the thousand Turkish liras for vehicle service providers up to ten thousand Turkish liras
c) of Article 5 of the first paragraph of subparagraph (b) of up to Article 8 of the second and third paragraphs of obligations for service providers who violate the vehicle service providers from two thousand Turkish lira fifteen thousand Turkish lira | || d) two thousand Turkish liras for those who act contrary to the second paragraph of Article 11 of up to five thousand Turkish liras
administrative penalty is given.
(2) more than anyone else in breach of Article 6 of the first paragraph at a time when such a message is sent, the first paragraph (a) administrative fines provided for in subparagraph be increased to ten times.
(3) authority to the administrative fines provided for in this article belong to the Ministry. This authority, the headquarters of the Ministry in the center and the provinces transferred to the provincial directorates of the Ministry.
Regulations

Article 13 (1) regulations regarding the implementation of this Act; Ministry of Justice, Ministry of Finance, Transport, Maritime Affairs and Communications and the Ministry of Economy prepared by the Ministry of Information Technologies and Communications soliciting the opinion of the Authority. Changed legislation

Article 14 (1) of the Electronic Communications Law No. 5809 dated 11.05.2008 of the fifth paragraph of Article 50 be amended as follows, and other substances added to the following paragraph for paragraph is amended accordingly.
"(5) by the operators, subscribers and users with regard to the services they provide, without prior permission of automatic dialing machines, faxes, electronic mail, text messages, such as electronic communication means are used can be made to communicate with the intention of marketing or sexual content transmission through the. Operators can not make political propaganda content of communications with subscribers and users with regard to the services they offer. "
" (6) by the operators, subscribers and during the contact information of users to provide a good or service, informed that there might be such communication and acquired by ensuring reject the opportunity in case of a subscriber without prior permission from the user and the same or similar goods or services related to marketing, promotion, and maintenance services can communicate for a change.
(7) Subscribers and users, easy-to-right to withdraw the permission that such communication refuse to do and give and provide a free way. "The database created on
approval
Provisional Article 1 (1) of this Act into force before the date of entry, commercial electronic message first paragraph of Article 6 on databases that have been created for the purpose of obtaining approval to be sent will be charged.
Article 15 (1) This Law shall enter into force on 01.05.2015.

Execution Article 16- (1) This Law shall be enforced by the Council of Ministers.