The law amending the Electronic Commerce Regulation Act to Prevent Monopoly in Electronic Commerce entered into force after publication in today’s Official Gazette.
According to the law in today’s edition of the Official Gazette; Unfair business practices in e-commerce are prevented. The deadlines for payments to suppliers by service providers are being shortened. It prevents sellers from being unfairly charged without providing a service. Service providers are prevented from offering or facilitating the sale of goods that bear the trademarks of themselves or those with whom they are economically connected.
NEW DEFINITIONS RECEIVED
The definitions of “e-commerce marketplace” and “e-commerce environment” are included in the law to provide certainty about the e-commerce environment in which the provider of e-commerce intermediation services provides intermediation services.
As part of the obligations for providers of intermediary services in e-commerce with a net transaction volume of more than 10 billion TL; Ecommerce tool service providers are licensed. By using the data received from the service providers, unfair competition with the providers is prevented. Sellers can move their data to other e-commerce marketplaces at any time. If you work in more than one e-commerce environment, access between these environments is not provided. The audit report prepared by the independent accounting firm is submitted to the Department of Commerce.
PROMOTIONAL AND DISCOUNT ACTIVITIES FOR EXCLUSIVE COMPETITORS WILL BE BLOCKED
For e-commerce service providers with a net transaction volume of 30 billion TL and a transaction count of more than 100,000, the service providers’ marketplaces are prevented from engaging in advertising and discount activities in a way that excludes competitors in the market. The service provider is prevented from preventing sellers from offering goods or services at the same or different prices or from advertising via alternative channels. It prevents someone from being forced to deliver goods or services.
On the other hand, providers of electronic trading instruments with a net transaction volume of 60 billion TL and a transaction count of more than 100,000 will be imposed restrictions on wallet-type e-money activities conducted on marketplaces. Freight activities will be restricted, with the exception of sales by e-commerce intermediaries on marketplaces, sales as a seller and physical sales. In the event that it provides an electronic environment for the publication of announcements of goods or services, it is prohibited from entering into contracts or placing orders for the delivery of goods or services in the same environment.
penalty for non-compliance
According to law; The e-commerce intermediary service provider who conducts unfair e-commerce business practices paved the way for an administrative penalty of 10,000-100,000 lira for each e-commerce service provider engaged in unfair practices.
The e-commerce intermediary service provider forcing the e-commerce intermediary service provider to sell the goods or services with the campaign, including the e-commerce intermediary service provider unilaterally changing the selling price, will be fined 500,000 lira every E -Commerce service provider.
10 million TL for the Provider and the Intermediary E-Commerce Service Provider providing access between their own e-commerce environments, excluding e-commerce environments, and promoting each other in those environments in case they provide an electronic environment for the Provide publication Advertisement of goods or services, for the delivery of goods or services in the same area, and the e-commerce intermediary service provider will be fined 20 million TL.
EXCLUDED SECTORS
Businesses involved in travel agency, civil aviation, personal pension, banking, insurance, financing, capital markets, payment services, betting and gambling, and electronic communications are not accepted as e-commerce intermediary service providers or e-commerce service providers. commercial service provider.
E-commerce intermediation service providers will comply with the obligations by January 1, 2024. The permit requirement will be met from January 1, 2025. The regulation will come into force on January 1, 2023.
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