With the “Regulation Amending the Regulation on Distance Contracts” (“Regulation”), which came into force after being published in the Official Gazette dated 23.08.2022 and numbered 31932, the definitions of “intermediary service provider” and “platform” were made and these concepts were placed on a legal basis.
Pursuant to the Regulation, an intermediary service provider is defined as a “real or legal person who mediates the establishment of a distance contract on behalf of the seller or provider by using or making available remote communication tools through the system it has created”. On the other hand, the platform is defined as “the system created by the intermediary service provider to mediate the establishment of a distance contract, excluding the common public electronic platform where public services are offered from a single point”. Thus, by defining the intermediary service provider and platform concepts, the legal basis for these concepts has been established.
In addition to defining the intermediary service provider and platform, some responsibilities are regulated within these two definitions. With the regulation, it is regulated that if the distance contract is established through the platform, the intermediary service provider will be jointly and severally responsible with the seller and the provider for the preliminary information.
However, the obligations of the intermediary service provider have been determined in accordance with Article 12/A titled “Liabilities of the Intermediary Service Provider” added to the Regulation. Pursuant to this article, intermediary service providers are subject to the following responsibilities:
Obliged to establish a system suitable for consumers to transmit and follow up their requests and notifications throughout the usage period of the rights and obligations arising from the distance contracts established through the platform, and to keep these systems open uninterruptedly.Responsible for keeping the records of the consumer’s transactions with the seller or suppliers for three years and providing this information to the relevant institutions and organizations and consumers, if requested.
Responsible for the failure to fulfill the contract at all or as a result of not meeting the campaign and similar commitments in the distance contracts that it mediates regarding the campaign, promotional or discounted sales without the approval of the seller or the supplier.
Responsible for the compatibility and proof of the information promised in the advertisements and promotions made on the platform regarding the goods or services offered for sale, and the issues that must be provided with preliminary information.
As a result, together with the regulation, the intermediary service provider and platform definitions were made and the responsibilities of the intermediary service providers were determined. Thus, in accordance with today’s conditions in terms of implementation procedures and principles regarding distance contracts, intermediary service providers and platforms are also included in the scope of the Regulation.
You may access the Regulation by this link.
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Authors: Bilge Derinbay, Hande Ülker Pehlivan
Contact: bilge.derinbay@nsn-law.com