E-Commerce and Digital Platforms

Legal Design of the Business Model

The contract and revenue flow of a marketplace, direct sales, listing, reservation, subscription, membership, commission, advertising, dropshipping, social commerce or hybrid model is reviewed. Before launch, the parties, payment, delivery, return, data, content and responsibility points are mapped.

Determining Legal Roles in the Activity

The company’s capacities as ETHS, ETAHS, seller, provider, intermediary service provider, content provider or hosting provider are determined transaction by transaction. If the same structure involves more than one capacity, the obligations are shown in separate columns.

Legislation Inventory and Compliance Gap Review

An obligations inventory is prepared on the basis of Laws No. 6563, 6502, 5651, 6698, 6098 and 6102 and special regulations specific to the business model. The interface, contracts, internal processes and third-party integrations are reviewed against this inventory.

Basis: Law No. 6563 and secondary regulations

Obligations of Electronic Commerce Service Providers (ETHS)

The identifying information, order flow, confirmation, registration, ETBİS and consumer processes of a business selling in its own electronic commerce environment are arranged. Selling through a marketplace and selling in the business’s own environment are distinguished.

Obligations of Electronic Commerce Intermediary Service Providers (ETAHS)

The marketplace’s seller information, internal communication system, intermediation agreement, unfair commercial practices, data use, intellectual property right notices, advertising and licensing obligations are reviewed. The obligations are classified by net transaction volume, number of transactions and the other criteria in the law.

Monetary Thresholds, Licensing and Independent Review Processes

The monetary thresholds under Law No. 6563 that change annually, together with the electronic commerce license and independent review requirements, are assessed on the basis of current-period data. The transaction volume, the calculation excluding cancellations/returns, the connected economic unit and consolidated data are also checked separately.

ETBİS Registration and Notification Processes

For a business determined to be subject to ETBİS registration, domain names, mobile applications, warehouse/production sites, cross-border activity and change notifications are arranged. The position of a person selling on a domestic marketplace and that of a business selling in its own environment are not treated as the same. ETBİS registration is not a security certificate or an approval of the legal compliance of all activities. Because the ETBİS QR code practice has ended, descriptions of the old QR code obligation should not be confused with the current registration process.

Trust Stamp Process in Electronic Commerce

The trust stamp is explained as not being a mandatory registration, and security, accessibility and service standards are assessed before an application. ETBİS registration or the trust stamp is not used as a statement that is sufficient by itself for compliance with all legislation and transaction security.

Mandatory Information for Websites and Mobile Applications

The trade name, business/brand information, MERSİS or tax information, head office address, registered electronic mail (KEP), verified contact details, seller capacity and the relevant professional rules are displayed in the appropriate place. The functions of the footer, seller profile, order page and pre-contractual information areas are separated.

Basis: Law No. 6563 and secondary regulations · ETBİS explanations

Terms of Use and Platform Membership Agreements

User acceptance, account security, permitted use, content license, intellectual property rights, fees, termination, suspension, liability, notices and dispute provisions are drafted according to the business model. Provisions that remove consumer rights or give the platform unlimited unilateral authority are not used.

Platform–Seller Intermediation Agreements

The scope of services, commission, payment, ranking, advertising, logistics, data access, intellectual property rights, content measures, account restrictions, termination and notice procedure are clearly regulated. Consistency is ensured between contract amendments and the actual practice in the panel.

Seller Onboarding, Identity and Business Information Verification

A proportionate verification flow is set up for the seller application, MERSİS/tax/tradesperson information, KEP, head office address, authorized person, bank account and, where necessary, sector permit. Identity information and documents with no recording purpose are not collected.

Preventing Unfair Commercial Practices in Marketplaces

Practices that significantly disrupt the seller’s commercial activity, reduce its ability to make reasonable decisions or force it into a particular decision are assessed. Payment delays, unilateral fees, retroactive changes, unexplained ranking and disproportionate account restrictions are addressed by reviewing the contract and the actual process together.

Internal Communication, Application and Complaint Systems

The easy and free communication system between the platform and the seller is designed with notice, tracking number, responsible unit, time limit, reply and objection record. Consumer requests and seller business objections are not routed to the same queue or the same reply template.

Basis: Law No. 6563 and secondary regulations

Use, Access and Portability of Platform Data

Who will use sales, price, performance, advertising, customer, search and ranking data, and for what purpose, is determined. The platform’s use of data while competing with the seller, the seller’s access to its own data and the handover of data when the contract ends are reviewed under Law No. 6563, competition law, contract law and KVKK.

Transparency of Ranking, Recommendation and Prominence

The effects of search results, the recommender system, commission, sales performance, delivery, advertising and sponsorship are assessed. The main parameters that must be disclosed to the user and the seller and the technical details that are trade secrets are determined in a balanced way.

Platform Advertising, Promotions and Commercial Spaces

Sponsored results, showcase placements, coupons, free shipping, loyalty programs, cross-selling and in-platform advertising spaces are regulated according to their legal nature. An interface and record standard is established so that advertising is separated from organic results, the fee is disclosed in the contract and the consumer is not misled.

Account Suspension, Listing Removal and Removal from the Platform

Suspension of a seller’s or user’s account, removal of a product from the listing, reduction of visibility and termination of the contract are reviewed in terms of law, contract, reasons and proportionality. A decision procedure is prepared on behalf of the platform; an objection, a request for records and a litigation strategy are prepared on behalf of the seller.

Basis: Law No. 6563 and secondary regulations

Notices of Intellectual and Industrial Property Infringement

A notice-and-objection flow is set up for claims of infringement of trademarks, designs, patents, copyright, photographs, catalogs and product content. The document proving ownership, the infringing link, the declaration, the measure, the seller’s reply and the record of repeat infringement are reviewed proportionately.

Management of Unlawful Products, Listings and Content

A decision matrix is prepared for prohibited or permit-requiring products, misleading listings, counterfeit products, health claims, illegal services and content infringing the rights of third parties. Notice, interim measure, review, reasons, objection and the necessary application to an authority are separate stages.

Online Product Safety, Traceability and Recall

For products offered through distance sales, the role of the manufacturer, importer and the relevant economic operator is reviewed, together with the identification of the product, the necessary conformity information and safety warnings. A process is prepared for receiving product safety notices, removing risky products from listings, cooperating with the competent authority and, where necessary, recall communications. The duties of the seller and the marketplace are not treated as the same; technical regulations specific to the type of product are also checked separately.

Basis: Law No. 6563 and secondary regulations · Online product safety

Obligations of Internet Actors under Law No. 5651

The obligations of content, hosting, access or social network providers to provide information, give notices, keep records and implement decisions are reviewed under the current provisions. No general assumption is used that the platform is automatically responsible for all content or has no responsibility at all.

Content Removal, Access Measures and Reply Strategy

The correct legal route is determined for reasoned notices concerning personality rights, private life, trademark/copyright, unfair competition, suspicion of a criminal offense or consumer safety. A request or objection is prepared taking into account legislative amendments, Constitutional Court decisions, freedom of expression and proportionality.

User Reviews, Ratings and Complaint Platforms

The connection of a review to an actual transaction, publication criteria, equal treatment of positive and negative reviews, fake reviews, the seller’s right of reply and personal data risk are regulated. The verification and complaint publication rules in force from August 1, 2026 are carried into the interface processes.

Protection of Digital Records and Preservation of Evidence

Before content is removed, an account is closed or the contract version changes, preservation of the relevant URL, date, order number, notice and transaction record is considered. A screenshot alone is not regarded as sufficient in every case; the integrity of the record, the manner in which it was obtained, personal data and, where the specific case requires, preservation of evidence through a notary or a court are addressed together.

Basis: Advertising regulations · Changes to duties under Law No. 5651 · Social network and gaming platforms

Distance Contracts and Pre-Contractual Information

A pre-contractual information form specific to the type of sale, the distance contract, the withdrawal notice and the sample form are prepared. A single text is not used for goods, services, digital content, subscriptions, reservations and custom-made goods.

Interface for Order, Total Price and Payment Obligation

It is ensured that the product/service, tax, delivery, additional costs, time and contract terms are clearly shown before payment. Pre-selected additional services, unclear buttons, fees that appear at the last stage and missing order confirmation are corrected in the interface.

Withdrawal, Return and Refund Processes

The consumer’s notice of withdrawal, return of the goods and refund of the price are separate stages. As a rule, the start of the fourteen-day right of withdrawal and of the time limits for returning the goods and refunding the price, the exceptions and the duty to inform are reviewed together. For a return made with the carrier specified in the pre-contractual information, return costs cannot be imposed on the consumer; if no carrier is specified, return costs also cannot be requested from the consumer. The platform’s role in collecting payment, its responsibility for returns and the evidence records are assessed separately. Rights arising from defective goods or services are addressed separately from the right of withdrawal without giving a reason.

Delivery, Stock, Impossibility and Logistics Disputes

The seller or provider must perform its obligation within the time it has committed to after the order reaches it. Except for goods prepared according to the consumer’s request or personal needs, this period for the sale of goods cannot exceed thirty days. Merely handing goods over to a cargo carrier is not considered delivery to the consumer. Being out of stock is not, by itself, accepted as impossibility of performance. Delivery, loss and damage, notice of impossibility, termination of the contract and refund of the price are reviewed taking into account the different roles of the seller, the platform and the carrier.

Basis: Distance contracts · Consumer legislation

Digital Content, Digital Service and Subscription Models

For applications, online education, games, memberships, streaming, downloadable content and automatic renewal models, the scope of the service, time of delivery, usage license, termination, return and defect provisions are regulated. An exception to withdrawal is not assumed; the consumer’s prior information and the necessary consent are shown in the specific flow.

Consumer Applications, Consumer Arbitration Committees and Consumer Lawsuits

Applications and defenses are prepared in disputes concerning defective goods/services, non-delivery, withdrawal, refund of the price, unfair terms and platform liability. The monetary threshold that changes every year and the subject-matter jurisdiction, territorial jurisdiction, mediation and time limit conditions are verified as of the date of application.

Digital Sales Between Merchants and Platform Disputes

In B2B sales that are not consumer transactions, the order, acceptance, notice of defect, invoice, delivery, payment, limit of liability and jurisdiction/arbitration provisions are addressed. Provisions specific to consumers do not automatically apply to transactions between merchants; review under the rules on general terms and conditions and on unfair competition remains reserved.

Unfair Terms and Deceptive Interface Designs

Deceptive interfaces that steer the user toward an unwanted selection, membership, additional payment or data consent are reviewed. Accept and reject options, subscription cancellation, account closure, hidden costs and pressure-creating countdown designs are regulated by taking law, accessibility and user experience into account together.

Basis: Distance contracts · Consumer legislation · Subscriptions

Law on Price, Discounts, Coupons and Campaigns

The price before the discount, the lowest price in the last ten days, conditional sales, coupons, loyalty benefits, personalized offers and stock/time statements are reviewed under the current advertising rules, including the provisions that entered into force on August 1, 2026. The campaign rule and the result on the checkout or payment screen must be the same.

Commercial Advertising and Advertising Board Processes

A preliminary check is made for the accuracy of the advertisement, proof, covert advertising, health/environmental claims, price, consumer reviews and unfair commercial practices. Advertising Board (Reklam Kurulu) review, defense, submission of documents, suspension and administrative sanction processes are followed.

Social Media Influencers and Brand Collaborations

Where there is a benefit such as money, a discounted product/service or participation in an event, the advertising nature of the post is clearly stated. The brand–agency–content creator agreement regulates the script, mandatory disclosure, intellectual property rights, measurement, crisis and responsibility for content that violates legislation.

Advertising Created with Artificial Intelligence and Digital Characters

The use of AI characters that cannot be distinguished from humans and content giving the impression of an experience/recommendation by a digital copy of a real person are reviewed under the 2026 advertising provisions. The production tool, permission, source, disclosure and approval records are kept in the campaign file.

Targeted Advertising, Profiling and Protection of Children

Disclosure of targeting criteria to the user, the ability to change preferences, the condition for processing personal data and data sharing with the advertising platform are assessed together. The prohibition on targeted advertising to children through profiling based on personal data is applied at the product, audience and interface level.

Basis: Advertising regulations · Discounted sales

Commercial Electronic Messages and İYS Compliance

Consent, the merchant/tradesperson exception, service notifications, the right to refuse, the Message Management System (İYS) record, the role of the intermediary service provider and evidence records are arranged. For SMS, e-mail, calls and app notifications, the content and the recipient group are reviewed separately.

Cookies, KVKK and the Link to Transfers of Data Abroad

The compatibility of customer account, order, recommendation, advertising, analytics, cookie, fraud prevention and support processes with the personal data inventory is ensured. Detailed data protection work is carried out within the linked KVKK service; commercial message consent, cookie preference and acceptance of the contract are not combined in a single declaration of intent.

Basis: Law No. 6563 and secondary regulations · KVKK transfers · KVKK cookie guide

Payment Integration, Chargeback and Financial Flow

The capacity in which the platform receives the price, whether it holds it, when it transfers it to the seller and who bears the risk of returns and chargebacks are shown in the contract and the panel. Providing a payment service and integrating a licensed provider are distinguished; an activity that requires a license is addressed separately under the relevant financial legislation.

Cross-Border E-Commerce, E-Export and EU Platform Rules

The target country, targeting of consumers, applicable law, jurisdiction, tax/customs, product, return, data transfer and local representation requirements are reviewed country by country. For services intermediating for EU users, where the conditions are met, the Digital Services Act (DSA), platform transparency, seller traceability and content objection routes are coordinated with legal counsel in the country concerned.

Basis: KVKK transfers · EU digital services

Ministry Reviews, Administrative Sanctions and Compliance Defense

Requests for information and reviews by the Ministry of Trade (Ticaret Bakanlığı), the Advertising Board, the Information and Communication Technologies Authority (Bilgi Teknolojileri ve İletişim Kurumu), the Cyber Security Presidency (Siber Güvenlik Başkanlığı), the Personal Data Protection Authority (Kişisel Verileri Koruma Kurumu) and, depending on the business model, other competent authorities are assessed. The current allocation of duties, time limit, authority, scope, the meaning of the records, corrective action and the route of recourse against an administrative sanction are determined for the specific file.

Litigation, Mediation, Arbitration and Interim Protection

In disputes between platform and seller, seller and consumer, brand and content creator, software/integration and internet content, mediation, litigation, arbitration and, where the conditions are met, interim injunction/precautionary attachment routes are pursued. It is ensured that order, panel, log, contract version, notice, payment, delivery and communication records are placed in the file in a lawful manner.

Basis: Law No. 6563 and secondary regulations · Distance contracts · Changes to duties under Law No. 5651