July 2026 · E-commerce law

Marketplace intermediary liability in Turkey: three regimes to read together

I spent years running legal and regulatory work for online marketplaces in Turkey, and the question that came up most was deceptively simple. When a third party sells something on our platform, what are we on the hook for? The honest answer is that no single statute holds it. Three regimes provide a useful starting map, but not an exhaustive one: product-specific rules, payments, advertising, data protection and other frameworks may add further layers. The platform's role and conduct still have to be mapped in each.

The first is the E-Commerce Law, No. 6563. Its 2022 amendments introduced tiered obligations for electronic commerce intermediary service providers, with additional duties at higher statutory thresholds. The second is the consumer framework under Law No. 6502 and the Distance Contracts Regulation. It allocates duties by role; it neither turns every seller or supplier duty automatically into a platform duty nor leaves an intermediary service provider with none. Pre-contract information, order, payment, refund and complaint processes should be mapped to the function each actor actually performs. The third is the internet content regime under Law No. 5651. The Constitutional Court annulled Article 9 in its 11 October 2023 decision; the annulment took effect in October 2024. That change is another reason a platform needs a current, combined map rather than a static reading of one statute.

The volume behind these questions is not small. The Ministry of Trade reported total e-commerce volume in Turkey at 3 trillion lira in 2024, up 61.7 percent on the year (ticaret.gov.tr). More sellers and more listings mean more moments where the three regimes meet a single transaction.

The practical work is mapping the applicable layers and roles together. A single listing or complaint can raise duties under more than one regime at once: a takedown question, a consumer remedy, and a record-keeping obligation, side by side. Reading one regime in isolation is how a compliant-looking process still leaves a gap. The artifact that closes it is a current, per-regime and per-role duty map, each duty tied to an owner and a legal basis.

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