e-Commerce & e-Business
KILIÇ & Partners Law Firm Istanbul are experienced in all legal practice areas associated with e-Commerce and e-Business legislation issues, particularly within Turkey where strict regulations do not allow companies to conduct online business in the same manner as in other jurisdictions.
The internet control and related rules (our clients have to adhere to) have become an important aspect of any business, particularly when it comes to commercial contracts and enforcement of Intellectual Property rights within Turkey, our lawyers experience in introducing international online business into the Turkish market is comprehensive.
E-Commerce has become an increasingly important issue and our clients understand that they require legal guidance and advice on conducting their online business activities in a jurisdiction with such strict legislation on Internet.
The KILIÇ & Partners Team deal with all issues involved in operating an online business in Turkey, including the complicated aspects of international telecommunications law, tax and trade rules. We have successfully advised leading companies on their e-commerce business operations, privacy and data protection, including consumer protection, digital signature, custom and duties, e-commerce contracts and orders, electronic commercial communications etc.
Some Recent Developments in this Sector
Some of the Legal Aspects to e-commerce in Turkey
1. Privacy and Data Protection
Turkey has no specific framework law governing the privacy of personal data. Certain general provisions to the privacy and personal data protection can be found in a the Turkish Criminal Code, Code of Obligations, and in other regulations (depending on the sector). Directive 95/46/EC is yet to be implemented in Turkey.
2. Consumer Protection
Consumer protection issues are governed by the Law No 4077 on Consumer Protection, which contains provisions directly related to e-commerce, e.g. distance contracts, right of withdrawal, defective goods, user manuals, and warranty certificates.
3. Digital Signatures and Authentication
Law of the Electronic Signature 2004 defines electronic signature as “data in electronic form that are attached to other electronic data or linked logically to that electronic data and used for authentication.”
A secure electronic signature is defined as a signature that is exclusively assigned to the signature owner, generated with the Secure Electronic Signature Creation Device which is kept under the sole control of the signature owner.
Identification of the signature owner is based on the Qualified Electronic Certificate. It enables to identify whether the signed electronic data has been altered or not following the signature.
4. Custom and Duties
Custom issues are governed by the Turkish Customs Law No 4458 and secondary regulations. Custom duties may apply for goods entering Turkey from foreign jurisdictions via e-commerce. Goods personal usage valued below EUR 75 are exempt from customs duty. However, customs authorities are entitled to open packages going through the customs and check the goods inside the package to see whether the goods have been purchased for personal use and whether the price of the goods is below EUR 75.
The KILIÇ & Partners legal team are always here to assist you with any issue that arises in relation to your e-commerce business and the application of e-commerce law.
For more Information on setting up your online operation within Turkey, please consult a member of our International Legal Teams