Esin DigiDiary – 4th Issue

E-commerce

Developments on E-Commerce Law and Regulation in light of the Constitutional Court and Council of State decisions

Following the amendments to the Law on the Regulation of Electronic Commerce ("Law") in July 2022, the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers ("Regulation") was published in December 2022. The Regulation repeats some of the obligations under the Law while clarifying others. You may access our legal alert dated 2 January 2023 for detailed information on the Regulation here.

After the amendments to the Law, requests for the annulment of Additional Articles 2 and 4 of the Law, which stipulate the e-commerce intermediary service obligations and e-commerce license respectively, were claimed before the Turkish Constitutional Court. In line with this, the Council of State carried out an evaluation for the annulment of the Regulation.