E-Commerce Law: Legal Obligations for Online Sellers

Selling online is one of today’s most popular and profitable business models. Offering low startup costs and the opportunity to reach a wide customer base, e-commerce also brings serious legal responsibilities for both the seller and the consumer. Many regulations, primarily the Law on Consumer Protection and the Law on the Regulation of Electronic Commerce, have clearly defined the rules that online sellers must follow. Focusing solely on selling products and ignoring these legal obligations can lead to negative consequences such as heavy administrative fines and loss of customer trust. Here are the essential legal obligations for your e-commerce site:

1. Information Obligation and Site Content

Before a customer buys a product from you, they must clearly know who you are and the basic terms of the transaction. The following information must be present on an easily accessible “About Us” or “Contact” page on your website:

• Your commercial title, MERSIS number, and tax identification number.

• Your business’s headquarters address and contact information (phone, email, KEP address if available).

• Information such as the professional chamber you are a member of.

2. Distance Sales Contract and Preliminary Information Form

These two documents form the legal basis of online sales and are legally mandatory.

• Preliminary Information Form: The customer must see and approve this form containing all details of the order immediately before making the payment transaction. The form must clearly state the basic characteristics of the product, total price including VAT, shipping fees, payment and delivery information, and most importantly, how to exercise the right of withdrawal.

• Distance Sales Contract: This is the actual contract between the buyer and the seller. It contains the information in the preliminary information form and must be approved electronically by the buyer. The seller is obliged to send a copy of this contract to the consumer via a permanent data carrier such as email and prove this transmission.

3. 14-Day Unconditional Right of Withdrawal

This is the most fundamental rule of consumer law in e-commerce. The customer has the right to withdraw from the contract within 14 days from the date of receiving the product without showing any reason and without paying any penal clause.

• When the customer exercises the right of withdrawal, the seller must refund the total amount paid for the product, including the shipping cost, within 14 days.

• The customer must return the product to the seller within 10 days from the date of withdrawal notification.

• Exceptions: The right of withdrawal is not valid for custom-made products, perishable foods, single-use products, digital content delivered instantly, and services started with the consumer’s approval. These exceptions must be clearly stated in the contract.

4. Compliance with the Law on Protection of Personal Data (KVKK)

E-commerce sites collect a large amount of personal data from their customers, such as names, addresses, phones, emails, Turkish ID numbers, and credit card information. Processing this data is subject to KVKK.

• Clarification Text: There should be a text on your site explaining which personal data you collect, why and how, how long you keep it, and the rights of the relevant person.

• Explicit Consent: You are required to obtain prior and explicit permission (via a checkbox, etc.) from your customers to send them SMS or emails for commercial purposes such as campaigns and discounts.

• Data Security: You must take necessary technical and administrative measures to ensure the security of the personal data you collect.

5. Commercial Electronic Messages (Marketing Permissions)

To send emails and SMS containing advertisements or campaigns to your customers, you must have obtained prior permission. Every message must offer a refusal mechanism (e.g., “Type NO and send to X if you do not want to receive SMS” or an “unsubscribe” link in emails) for the recipient to leave the list without paying any fee. These permissions must also be managed via the Message Management System (IYS).

Conclusion A successful e-commerce venture is not just about a good product and marketing strategy. Full compliance with legal obligations protects you from administrative fines and builds a reliable and transparent brand image in the eyes of your customers. When setting up your business or reviewing your current operations, having your website, contracts, and operational processes reviewed by an e-commerce law expert will protect you from major future risks.