Cancellation Application for the E-commerce Law Was Rejected

The Constitutional Court rejected the application regarding the annulment of some articles regarding the e-commerce law. The application made by the Council of State was thus closed. So, which articles did the Council of State want to abolish?

The government made a regulation regarding the e-commerce sector a long time ago. The regulation, which comes into force as of January 1, 2023, applies to e-commerce platforms. some obligations brought. The authorities, who provide time for some of these obligations, make the regulations Until January 1, 2025 They will implement it.

However, this law brought with it some controversy. They even went to court and Some items were requested to be canceled. The Council of State was among those who wanted the cancellation of some articles. In the examinations carried out by the Constitutional Court, it was decided to reject the application. E-commerce law, to stay this way to be continued.

Which article did the Council of State request to be annulled?

Finally, one of the articles that the Council of State, and previously the CHP, wanted to be canceled included the following statements:

Unfair commercial practices cannot be practiced in electronic commerce. The practices of an electronic commerce intermediary service provider that significantly disrupt the commercial activities of the electronic commerce service provider to whom it provides intermediary services, reduce its ability to make reasonable decisions, or force it to make a certain decision, causing it to become a party to a commercial relationship to which it would not be a party under normal circumstances, are considered unfair.

A cancellation was also requested for the license requirement: But this article was also rejected!

e-commerce law

One of the obligations imposed by the law, which came to the agenda for the first time in 2022, is undergraduate program was to be started. According to the regulation, e-commerce platforms with an annual trade volume of over 10 billion TL would receive a license to continue providing services. The fee to be paid for this license is, 10 to 60 billion lira It would be determined by volume.

The Council of State requested that this article be canceled as well. The Constitutional Court, examining the application, also annulled the article in question. refused. In other words, e-commerce platforms will face licensing requirements as of next year.

To access all the details of e-commerce regulation:

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Source :
https://www.hurriyet.com.tr/ekonomi/danistayin-e-ticaret-maddeleri-icin-iptal-basvurusu-reddedildi-aym-e-ticaret-kanununu-bir-kez-daha-tescilledi-42401182


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