Critical ruling from the Constitutional Court: New obligations for e-commerce platforms

A significant change is on the horizon for the e-commerce sector in Turkey. For years, companies that process payments and handle deliveries on behalf of sellers on intermediary platforms like Trendyol and Hepsiburada did not assume any liability for defective products in the event of a seller's bankruptcy or lack of communication. When consumers encountered a problem with a product they purchased, they could only reach the seller through the platform, but in some cases, it became impossible to claim rights from sellers who had disappeared or ceased their business operations.

Following a consumer lawsuit that began in Ankara in 2026, the legal provisions regarding the matter were brought to the agenda of the Constitutional Court. In a non-pecuniary damages lawsuit filed due to a product purchased online being found defective, the constitutionality of the existing rules was questioned.

CONSTITUTIONAL COURT ANNULLED TWO KEY ARTICLES

The High Court annulled two important provisions that exempted intermediary service providers from consumer rights regarding defective products. One of these was the article regarding exemptions in the Law on the Protection of the Consumer, and the other was in the Law on the Regulation of Electronic Commerce. It was emphasized that platforms can no longer be held immune from liability regarding the content of products or services. The decision was taken by a majority vote, with only one member dissenting.

In the court's decision, it was stated that some e-commerce platforms, beyond being merely a communication tool, have detailed information about the products and even directly control sales and logistics. It was pointed out that considering such platforms, which take on such an active role, as completely unaccountable would violate consumer rights and the right to property.

Furthermore, it was determined that existing laws disrupted the balance between the consumer and the platform to the detriment of the consumer. It was concluded that the legal loopholes that arise, especially in cases where the seller cannot be found or has left the platform, are incompatible with the state's fundamental obligations.

Another notable detail is that the annulment decisions will not go into effect immediately. To prevent a legal vacuum, the effective date has been set for nine months after its publication in the Official Gazette on June 2, 2026, which is March 2027. During this period, the Grand National Assembly of Turkey (TBMM) will need to enact a law that re-regulates the liability of platforms.

A significant advantage will be provided for consumers in the new era. Once the legal regulation comes into effect, a consumer who cannot reach the seller regarding defective products encountered in online shopping will now have the right to apply directly to the platform. This will provide a major convenience in favor of the consumer, especially in purchases made from small sellers. Additionally, platforms are expected to be more diligent in seller selection and product inspection.

In short, as of March 2027, those shopping on e-commerce sites will have stronger legal protection. In the sector, significant changes in the relationship between platforms and sellers are on the horizon along with the new obligations.

News Source: 12punto