In the Official Gazette dated 15.02.2019 and numbered 30687, the Regulation Amending the Regulation on Service Providers and Intermediary Service Providers and the Communiqué Amending the Communiqué on Electronic Commerce Information System and Notification Obligations have been published.
By the Regulation Amending the Regulation on Service Providers and Intermediary Service Providers, 3rd paragraph has been added to Article 11 named as “The burden of proof and the period of electronic records storage” of the Regulation on Service Providers and Intermediary Service Providers (“Regulation”) published in the Official Gazette dated 26.08.2015 and numbered 29457.
Article 11 of the related Regulation, the service provider and/or intermediary service provider have the obligation to the burden of proof regarding the transactions subject to complaint, to store the electronic records for the electronic commerce transactions and to submit the records to the Ministry in case of demand. According to the amendment, the abovementioned obligations are borne by the service provider in case the subscription contract is executed on a public electronic platform in which public services are provided by a single point.
As per the Communiqué Amending the Communiqué on Electronic Commerce Information System and Notification Requirements, 2nd paragraph of Article 2 of the Communiqué on Electronic Commerce Information System and Notification Obligations (“Communiqué”) published in the Official Gazette dated 11.08.2017 and numbered 30151 has been amended.
Prior to the amendment, it was stipulated that the Communiqué would not apply to service providers and intermediary service providers conducting contracts on electronic mail, phone call, text messaging, or similar individual means of communication allowing direct communication in the electronic environment. With regard to the amendment, the provisions of the Communiqué shall not apply to the common public electronic platform in which public services are provided by a single point for subscription contracts as well, in addition to service providers and intermediary service providers performing contracts on individual communication means.
