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In-depth information to be found in the Cross-border Ecommerce Report- Turkey
Ecommerce, privacy and data protection in Turkey are regulated by different laws, which will be presented in the information below. It will also include information regarding consumer protection, digital signature, custom and duties, ecommerce contracts and orders, electronic commercial communications within the limits of current and prospective legislations.
Privacy and Data Protection
Currently Turkey has no specific framework law governing the privacy of personal data. There are general provisions in relation to the privacy and personal data protection in a number of legislation (Turkish Criminal Code, Code of Obligations etc.) and there are some sectorial regulations in place as well. However a framework law on privacy and data protection (such as the 95/46/EC Directive of the EU has not been implemented yet in Turkey.
Issues in relation to consumer protection have been regulated by The Law on Consumer Protection numbered 6502 (the “Consumer Protection Law”) in Turkish regulatory environment. The Consumer Protection Law has provisions including the subjects directly related with ecommerce, such as; distance contracts, right of withdrawal, defective goods, user manuals, warranty certificates, voluntary warranty certificates and after sales services.
Digital Signatures and Authentication
According to the Electronic Signature Law numbered 5070, which entered into force in July 23rd 2004, electronic signature is defined as “data in electronic form that are attached to other electronic data or linked logically to that electronic data and used for authentication” while secure electronic signature is defined as a signature that is exclusively assigned to the Signature Owner, generated with the Secure Electronic Signature Creation Device which is kept under the sole control of the signature owner, enables the identification of the Signature Owner based on the Qualified Electronic Certificate, and enables detection as to whether signed electronic data has or has not been altered or not subsequent to the signature being applied.
Custom and Duties
Issues in relation to customs have been regulated by the Customs Law numbered 4458 and its secondary regulations in Turkish regulatory environment. In accordance with such legislation customs duty (tariff) may apply for goods entering Turkey from foreign countries via ecommerce. If a person buys goods from abroad for personal use, she does not have to pay customs duty for goods valued below EUR 75. However, customs house has the right to open packages going through the customs and check the goods inside the package to see whether the goods have been purchased for personal use and whether the price of the goods is below EUR 75.
More in-depth information (including sources) about ecommerce law, privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, computer crime and intellectual property can be found in the Cross-border Ecommerce Report - Turkey.
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