The Regulation Amending the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (“Regulation Amendment”) was published in the Official Gazette dated 08.03.2025 and numbered 32835. The Amendment introduces significant changes affecting Electronic Commerce Service Providers (“ECSP”) and Electronic Commerce Intermediary Service Providers (“ECISP”), outlined below:

Key Amendments:

  1. Obligation for ECSP to Maintain Complete Identity and Address Information:
    • ECSPs selling on e-commerce platforms are required to keep their identity and address information up-to-date.
    • ECISP is obliged to ensure that the introductory information of the ECSP to which it provides intermediary services is current and will also be responsible for checking it.
    • If the ECSP’s information is found to be outdated, they must be notified, and the information must be updated within a maximum of three business days.
  2. Penal Clause and Fair Commercial Practices:
    • ECISPs cannot impose a penal clause without requesting an explanation from the ECSP, unless the situation requiring the clause can be determined by documents and records.
    • Imposing a penal clause without such an explanation will be considered an unfair commercial practice.
  3. Communication System Transparency:
    • ECISPs must ensure that ECSPs can view, save, and copy the information contained in the internal communication system, both during the term of the brokerage agreement and for one year following its termination.
  4. Use of Data by ECISP:
    • Medium, large, and very large-sized ECISPs are required to use data obtained from ECSPs or buyers exclusively for the purpose of providing and improving the brokerage service.
    • ECISPs must provide ECSPs with technical possibilities to access sales, returns, product, and performance data efficiently and free of charge during the term of the brokerage agreement and within one year after its expiration.
  5. Limits on Discount and Advertising Budgets:
    • ECISPs will face limitations on their discount and advertising budgets.
  6. Licensing Requirement for Large-Scale ECISPs:
    • Each large-scale ECISP must apply for a license and its renewal, with provisions regarding the licensing fee outlined in the Regulation.

Conclusion:

The amendments to the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers are designed to bring greater transparency, fairness, andconsumer protection to the e-commerce ecosystem. Businesses involved in electronic commerce should review their practices and ensure compliance with the updated provisions, especially regarding identity and address information, data usage, and licensing requirements. Failure to adhere to these regulations may lead to penalties and administrative sanctions.