E-commerce has rapidly emerged as a globally expanding sector. In this new commercial paradigm where borders are virtually eliminated, a seller located anywhere in the world can easily sell products to consumers in Turkey. However, such global access has simultaneously introduced challenges in terms of consumer rights protection, tax regulations, and mechanisms of commercial oversight. Particularly in cross-border transactions, consumers face difficulties in identifying a counterpart, while deficiencies in return and warranty procedures, as well as gaps in tax supervision, have become increasingly evident.
In order to address these issues, the Ministry of Trade has introduced a significant regulation in the field of e-commerce, mandating that foreign sellers intending to market products in Turkey must appoint a legal representative within the country. This regulatory framework seeks both to safeguard consumer rights and to ensure the effective enforcement of commercial oversight in Turkey.
Legal Basis and Scope of the Regulation
The amendments enacted by the Ministry of Trade have been incorporated into the Law on the Regulation of Electronic Commerce and its secondary legislation. As of 2024, foreign companies not domiciled in Turkey but engaged in sales of goods or services to Turkish consumers are legally obliged to designate a representative in Turkey.
The “Regulation on Market Surveillance and Inspection of Products Offered to the Market through Remote Communication Tools,” prepared by the Ministry of Trade and published in the Official Gazette on October 30, 2024, entered into force on April 1, 2025, following a five-month transition period.
The Regulation aims to enhance transparency, guarantee product safety, and protect consumer rights in sales conducted through remote communication tools such as the internet, mobile applications, television, and radio. In particular, it ensures that citizens gain easier access to safe products in online shopping while rendering monitoring and inspection processes more efficient and traceable.
This new regulatory framework introduces substantial innovations for both consumers and e-commerce firms, seeking to guarantee that products placed on the market comply with relevant legislation and safety standards.
Obligation to Appoint a Representative
The obligation to appoint a representative applies to foreign natural or legal persons who:
– Directly sell products to consumers in Turkey, or
– Deliver products through platforms such as TEMU, AliExpress, Shein, or Amazon.
The appointed representative must be a person or entity fully authorized and liable under Turkish law. This representative will assume a central role in both safeguarding consumer rights and facilitating public authorities’ supervisory processes.
Legal Nature of the Representative’s Appointment
The representative appointed by foreign firms will function as the legal counterpart of the seller under Turkish law. This person or entity will bear direct responsibility for matters such as standard contract terms, consumer contracts, liability for defective goods and warranties, tax obligations, and administrative fines.
In the event of a dispute between the consumer and the seller, the consumer will be able to initiate legal action directly against the representative. Similarly, customs and tax authorities will address the representative when monitoring the obligations of foreign sellers.
When evaluated within the framework of the Turkish Commercial Code No. 6102, the Law on Consumer Protection No. 6502, the Tax Procedure Law No. 213, and the Law No. 5651, this new system constitutes a regulatory mechanism that localizes the obligations of foreign sellers in Turkey while eliminating the problem of legal representation.
Enhanced Legal Protection for Consumers
In previous practices, consumers often faced difficulties in asserting their rights in cross-border shopping. Common problems included the inability to contact sellers, unfulfilled refund requests, and challenges in enforcing court or arbitral awards. The new regulation, however, provides consumers with a shopping experience akin to physically inspecting a product in a store, thereby facilitating safer transactions.
Moreover, the representative requirement will strengthen customs and quality controls on products entering Turkey, while ensuring compliance with tax and other fiscal obligations.
Sanctions for Failure to Appoint a Representative
Foreign sellers who fail to appoint a representative in Turkey will be subject to a variety of sanctions imposed by the Ministry of Trade. Violations of the obligations stipulated in the Regulation will result in administrative penalties under the Product Safety and Technical Regulations Law No. 7223. Additionally, access to content that is unlawful or misleading may be blocked. In this respect, the regulation ensures that products marketed through remote communication tools are safe, legally compliant, and subject to effective supervision, thereby protecting consumers and preserving market order.
Furthermore, foreign sellers that act in violation of tax legislation may also incur tax penalties. Consequently, a foreign seller that fails to appoint a representative may face both administrative and criminal liabilities.
Conclusion
This new regulation in the field of e-commerce in Turkey represents a significant measure to protect consumer rights and ensure market order. By introducing the requirement for foreign sellers to appoint a representative, the activities of such sellers have become subject to supervision under Turkish law, thereby providing consumers with a safer shopping environment.
It can thus be asserted that this regulatory reform holds strategic importance in terms of reducing losses in public finance, safeguarding consumer rights, and bringing unregistered economic activities under regulatory control.