Information Note on the Constitutional Court Decision Regarding. E-commerce Legislation Amendment

With its decision dated 13.07.2023 and numbered 2023/125 D. published in the Official Gazette dated 22.09.2023 and numbered 32317 (“Decision”), the Constitutional Court has decided that the gradual obligations that were imposed on electronic commerce intermediary service providers as well as the electronic commerce license fees both of which are determined depending on their net transaction volume and number of transactions excluding cancellations and returns, that were introduced by the  Law Amending the Law on the Regulation of Electronic Commerce dated 01.07.2022 and numbered 7416 (the “Amendment Law”) to the Law on the Regulation of Electronic Commerce numbered 6563 (the “E-Commerce Law”) are not unconstitutional, on the grounds that the obligations are not disproportionate and do not impose unreasonable restrictions on the freedom of enterprise.  

You may access our Information Note on the Decision here.