E-Commerce

Commercial electronic messages to consumers generally require prior consent, and that consent must be registered in the Message Management System (İYS); consents not uploaded to İYS are treated as invalid. For messages to tradespeople and merchants, prior consent is not required, but the recipient retains the right to opt out. Every message sent without consent, or after an opt-out, carries a separate risk of an administrative fine.

In discounted sales, the amount shown as the "previous price" must be the lowest price actually applied during the period set by the regulations. Prices that were raised shortly before and then shown as discounted are among the issues the Advertising Board sanctions most often. The discount rate, the validity period and any stock limit should also be stated clearly.

In distance sales, a consumer can as a rule withdraw from the contract without giving a reason within fourteen days of receiving the goods. There are exceptions, however, such as goods made to the customer's specifications, perishable goods, hygiene products whose packaging has been opened, and digital content supplied immediately. For an exception to apply, it must have been stated clearly in the pre-contractual information given before the sale.

Cookies that are strictly necessary for the site to function do not require explicit consent. For analytics, advertising and personalisation cookies, the Personal Data Protection Board's approach is that explicit consent must be obtained; in other words, these cookies should not run before the user agrees. Pre-ticked boxes or wording such as "by continuing to use the site you are deemed to accept" do not count as valid consent.

Both. The marketplace is responsible for obligations relating to its own platform, but the seller's obligations regarding product information, prices, pre-contractual information, the right of withdrawal, invoicing and advertising content continue to apply in full. The seller's contract with the marketplace may also contain significant obligations and restrictions for the seller, and these contracts are often accepted without being read.