New e-Commerce law brings new liabilities and responsibilities

New e-Commerce law brings new liabilities and responsibilities

The new law, which will regulate the e-commerce, where people purchase or sell good over the Internet, has been published on the Government Official Newspaper on November 5th, 2014 and it will be in effect on May 1st, 2015.

The regulations about electronic transmissions:

e-Shop owner e-trade companies used to either collect phone numbers and email addresses in various ways or purchasing that information from various site and then sending mass messages to those phone numbers and email addresses. Users were getting very uncomfortable because they were receiving many advertisement emails, sms and solicitation calls. In order to prevent these types of situations the new system called opt-in (getting written consent from the customer side before sending an e-mail) wants to be used. Sellers or suppliers before sending any sms, fax, automated call, phone call, sound or images sent for commercial purposes, e-mail etc. they have to get a written consent from users on subjects that they can communicate them about then they can send them any information about those subjects. Other than that seller also has to include the information about the network, commercial title, phone number, fax number, sms, and e-mail address, that he or she got consent from. If the message that will be sent is about, sale, competition, gift, promotion, and game, then the message has to be very clear to prevent any misunderstanding. The political messages, sexual content etc. prohibited to be sent in those messages. Additional to those rules, new regulations have been brought for the customers right to refuse all those. Companies sending messages have to create and build an easy system that should make message refusal not just free and easy but also has to apply that request into the system in 3 business days.

The penalty for sending message without consent is between 1 to 5,000 Turkish Lira and in mass message sending that amount can be up to 10 times more.

 
Regulations about order:

In any type of order placement, before the order is received they have to be very clear how much it will cost and terms of agreement. They have to confirm that the order is received. Also, they have to make sure to provide the technical system that the customer can see all the information about the order and can make any changes with no obstacles. The agreement that are made with e-mails are not covered by that regulation.

 
The regulation about third party service providers:

The parties, who provide services to others in economical and commercial aspect, do not have control the companies’ content to conformity to the law that they provide services to.

 
Protection of personal data:

If service providers and third parties receive any information about their users, they have to protect that information and if this information will be shared with others or will be used for other purposes then, they have to get the consent of the user or customer.

http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm

http://www.resmigazete.gov.tr/eskiler/2014/11/20141105-1.htm

Source: Webrazzi