ETBIS Obligations of E-Commerce Websites

Businesses operating in electronic commerce are required to register with ETBIS, the platform established by the Ministry of Customs and Trade. ETBIS is an information system created to register service providers and intermediary service providers, collect electronic commerce data and process that data to produce statistics.

Notifications by natural persons are submitted to ETBIS through the e-Government Gateway by the persons themselves or their authorised representatives. Notifications by legal persons are submitted by their authorised representatives.

When registering with ETBIS, businesses must provide their registered electronic mail address suitable for formal service, merchant numbers assigned by payment institutions, cargo and logistics companies and website infrastructure providers, and the country and city where user data is stored.

Under Article 6 of the Communiqué on the Electronic Commerce Information System and Notification Obligations, registered e-commerce websites must notify ETBIS of:

• Their registered electronic mail address suitable for formal service,
• The type of electronic commerce they will provide,
• Their commercial activities outside electronic commerce,
• The categories of goods and services offered online,
• Payment methods offered online,
• Whether second-hand goods are offered and, if so, their categories,
• Information on services obtained from banks operating under Banking Law No. 5411 and payment and electronic money institutions operating under Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions,
• Information on services obtained from other payment providers, where applicable, and payment methods for which the institutions listed above do not act as intermediaries,
• Information on services obtained from cargo and logistics operators holding an M-type authorisation certificate under the Road Transport Regulation published in Official Gazette No. 27255 of 11 June 2009,
• Information on e-commerce infrastructure providers, including the country and address of databases containing personal and customer data, annual cross-border e-commerce volume by country and payment method, and other information required by the Ministry,
• For service providers operating in their own e-commerce environment, production and warehouse addresses and the domain names of intermediary service providers through which they conduct cross-border electronic commerce,
• Anonymised monthly statistics, in the detail specified by the Ministry, on online contracts and orders. Payment and electronic money institutions, banks, the Interbank Card Center, cargo and logistics operators, e-commerce infrastructure providers and intermediary service providers must submit the information for each month by 24:00 on the final day of the following month,
• Virtual point-of-sale information, to be verified through the system by the Interbank Card Center at the time of notification.

Relevant e-commerce companies may submit these notifications within 30 days of registration. This period is intended to support information security. Annual cross-border e-commerce volume by country and payment method must be notified by the end of March each year.

Registered e-commerce websites also have information duties under the Law on the Regulation of Electronic Commerce. Businesses must provide easily accessible and current identification information, explain how a contract is concluded and how long it will be retained and accessed, describe relevant technical tools and privacy rules, and state the remedies available in the event of a dispute.

Under a contact heading, an e-commerce business must also display its registered electronic mail address suitable for formal service, email address and telephone number, any business or registered brand name, professional chamber and sectoral organisations of which it is a member, professional rules of conduct and how those rules can be accessed electronically. A merchant must additionally display its trade name, MERSIS number and registered office. A tradesperson must display their name, surname, tax identification number and principal business address.

An intermediary service provider and a service provider selling through its own electronic environment must ensure:

• Second-hand goods are offered in a separate category,
• At the order confirmation stage and before payment information is entered, the buyer can clearly see the total price, including taxes and delivery charges, and the other terms of the contract,
• Where the total price, method of calculation or delivery charges cannot be determined in advance, the buyer is informed that additional costs may be payable,
• Before confirming an order, the buyer receives an order summary and appropriate, effective and easily accessible technical tools, such as undo and edit functions, to identify and correct input errors,
• The contractual provisions and standard terms are sent to the buyer physically or electronically so that they can be reviewed, printed and retained.

To support tax compliance in electronic commerce, natural and legal person service providers conducting commercial activity electronically must also submit notifications to the Ministry of Finance.

In addition to registration and ordering requirements, e-commerce companies are subject to the Regulation on Distance Contracts for Financial Services in relation to payments, electronic banking obligations, and relevant Customs Law provisions arising from the transport of goods.

Sanctions

Under Law No. 6563 on the Regulation of Electronic Commerce, intermediary service providers and service providers must register with ETBIS and provide the requested information. At the time covered by this archived publication, non-compliant natural and legal persons were subject to an administrative fine of between TRY 5,000 and TRY 20,000 under Articles 12(1)(ç) and 11(3).