NEW AMENDMENTS REGARDING INTERMEDIARY SERVICE PROVIDERS
The Law on the Amendment of Consumer Protection Law and Property Ownership Law (“Law”) is published on the Official Gazette numbered 31796 and dated April 1, 2022. The Law introduces several changes in Consumer Protection Law No. 6502 (“CPL”).
In Regulation of Electronic Commerce Law No. 6563, " intermediary service providers" are defined as "real and legal persons who provide the electronic commerce environment for the economic and commercial activities of others". The new regulations have been introduced for intermediary service providers, whose responsibilities towards consumers have been increased and related additional responsibilities have been clarified.
In distance sales contracts, intermediary service providers are responsible for the following:
- Establishing an uninterrupted system for consumers to submit and follow their requests and notifications,
- Severally liable for providing, confirming, and performing preliminary information to the consumer with the seller or supplier,
- The deficiencies in the preliminary information other than the data is entered by the seller or supplier,
- Keeping records of the consumers’ transactions with the seller or supplier and providing this information to the relevant authorities, organizations and consumers upon request,
- Transactions in which the intermediary service provider violates the agreement regarding intermediary services, causing the seller or supplier to violate their obligations regarding distance contracts,
- Severally liable for obligations regarding delivery, performance and the right of withdrawal with the seller or supplier in cases where the intermediary service provider collects payment on behalf of seller or supplier, except for cases where: (i) payment is made to the seller or supplier upon delivery of the goods or services to the consumer; and (ii) the consumers exercise their optional rights with regards to defective products and services,
- Failures in the performance of distance contracts where campaigns, promotions or discounts are organized without the approval of the seller or supplier,
- Compatibility between the preliminary information and the information in the advertisements and burden of proof here about.
The maximum delivery period of 30 days for the delivery of goods to the consumer has been abolished for the delivery of goods prepared in line with the wishes and needs of the consumer.
Sanctions for Violation of Obligations
In case of violation of these obligations, an administrative fine of 200 TRL shall be imposed for each transaction or contract found to be in violation.
An accessible system that will be established by the intermediary service providers in order to enable the consumer’s requests and notifications shall be preserved until the expiration of the rights and obligations arising from the distance contracts.
Due to the amendment of Law, an administrative fine of 1,000,000 TRL shall be imposed on those who violate the relevant obligation.
Conclusion
Nevertheless "consumer" is still the most basic but relatively vulnerable actor of the developing and expanding electronic commerce market in today's world. With this regard, we support that the provisions should be written in a way that will protect consumers at utmost level. In this respect, the Articles in the CPL regarding intermediary service providers, which will come into force on October 1, 2022, increase the legal responsibility towards the consumer and share legal liability with the seller or supplier via increasing the number of parties that the consumer can consult the parties of the transaction. The amendments will further strengthen the position of the consumer in the legal relationship and balance the dynamics in the market.