The 16-article Electronic Commerce Law Draft accepted by the Council of Ministers bans "unsolicited" communication and introduces an administrative fine from 10 thousand liras to 100 thousand liras, while also regulating discounts, gifts, promotions, and competitions. The draft, prepared by the Ministry of Justice to ensure compliance with the EU Electronic Commerce Directive, will be submitted to the Parliament in the coming days.
The draft related to electronic commerce includes regulations aimed at freeing consumers from unwanted mail and preventing them from being deceived. In summary, the draft includes the following:
In commercial communication, the nature of promotions such as discounts and gifts, as well as promotional competitions or games, will be clearly stated. The terms and conditions for participation and benefit will be easily accessible; the conditions will be clear and understandable. The Ministry of Industry and Commerce may impose an administrative fine from 2 thousand liras to 15 thousand liras on those who do not comply with these conditions.
Subscribers and users can no longer be sent direct marketing, political propaganda, or sexually explicit SMS and emails without prior permission. Those responsible for sending unsolicited electronic mail without permission will be punished by the Ministry of Industry and Commerce with an administrative fine from 10 thousand liras to 100 thousand liras.
The draft also amended two relevant articles of the Electronic Communications Law. Article 50 of the existing Electronic Commerce Law, which regulates subscription contracts, did not include a "permission requirement"; it only provided the right to refuse each message in case of unsolicited communication. In line with EU legislation, a prior approval requirement has been introduced for this type of communication instead of a refusal for each message.
Information Obligation Introduced
The Electronic Commerce Law Draft also introduced an information obligation for service providers in the manner specified in electronic contracts. Thus, it is ensured that the buyer of the electronic service can recognize the goods or services they will purchase and that misleading information is prevented. It also aims to make the contract accessible and allow errors to be corrected later.
