SCH-Legal supports companies engaged in electronic commerce, from setting up the business model to day-to-day operations. For service providers, intermediary service providers and marketplaces, it assesses obligations under Law No. 6563 and its secondary legislation, ETBİS registration and licensing requirements linked to transaction volume.
It prepares distance sales and pre-information texts, terms of use, seller and marketplace agreements, commercial electronic message consent processes and cookie and privacy notices, and represents clients in Ministry of Trade inspections, consumer complaints and disputes.
What we do
- Distance sales, pre-information and terms of use texts are prepared
- Marketplace, seller and logistics agreements are drafted
- Commercial electronic messages, İYS and cookie processes are brought into compliance
- ETBİS and licensing obligations under Law No. 6563 are assessed
- Clients are represented in Ministry inspections, consumer arbitration committees and court proceedings
Frequently asked questions
Common questions on e-commerce
Setting up a shop, selling online and working with marketplaces.
Does every business with an online shop have to register with ETBİS?
Businesses selling through their own website or mobile app, and marketplace operators, must register with the Electronic Commerce Information System (ETBİS) before they start trading. Sellers who only sell on marketplaces and have no site of their own are reported to the system by the marketplace.
Why do the distance sales contract and the pre-contractual information form matter so much?
Because a site selling to consumers is legally required to give product, price, delivery and right-of-withdrawal information before the order is placed, and the consequences of getting it wrong are serious. For example, if the consumer is not informed about the right of withdrawal, they are not bound by the 14-day period and can withdraw within one year after it ends.
Putting these texts on a site straight from a template, without adapting them, is the shortcoming found most often in Ministry inspections.
What do we need before sending marketing emails and text messages to customers?
Promotional and campaign messages to consumers need prior consent, and that consent must be recorded in the Message Management System (İYS). Consent not recorded in İYS is not valid. Informational messages about orders, shipping or membership do not need consent.
Messages to tradespeople and merchants do not need prior consent, but the recipient can opt out at any time. Every message must include an easy way to do so.
We sell on a marketplace. Which rules protect us in our dealings with the platform?
The 2022 amendments to Law No. 6563 introduced mandatory rules for the relationship between marketplaces and sellers. The main ones are a minimum content for the intermediary agreement, advance notice of changes to its terms, and a ban on certain practices that work against sellers. Large marketplaces also have licensing requirements and additional obligations linked to their transaction volume.
Sellers are often unaware of these rules. Reading your agreement once with them in mind puts you in a stronger position if a dispute over commissions or account closure comes up later.
Which data protection texts should our online shop have?
At minimum: a privacy notice for visitors and customers, an explicit consent form where needed, a cookie policy and a preference panel that lets visitors choose cookies by category. You also need data processing agreements with the companies that handle your payments, shipping, marketing and hosting.
Team
Our team in this area
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How can we help?
Tell us briefly about your matter and the relevant team will get back to you.
info@sch-legal.com · +90 212 709 08 50