The branch of law that contains the rules related to e-commerce which is the name we give to the trade made by means of information-communication equipment and through online is called as E-Commerce Law.
People or institutions that pursue their professional life in trade need a steady growth in the direction of profit. As there are many ways to realize this growth, one of them is to use tools that will make it possible to reach many costumers. That taking credit for experienced developments in the direction of the recent momentum of information technology of trade profession is a pretty natural result when we think of this situation. The progress that has been made, with a commonly used expression, has made the world a global village and the distance between the people has often fallen into a click or a touch. This has become a great opportunity for those dealing with the trade profession where rapidity has great advantages, and new methods have emerged every day as to the use of information tools for commercial activities. It has also come up the need to bind newly-emerged methods to some rules. As a result, we call the totality of rules set in this subject as E-Commerce Law.
The fact that the introduction of information technologies to our life is still very near means that the development of E-Commerce Law is just the beginning. The method applied in the direction of setting the rules related to this branch of law is the adaptation of the classical rules of trade to this subject at first. But later, the emergence of special cases related to this issue has led to an understanding of the inadequacy of this method and the application of introduction of specific rules for E-Commerce Law in each legal system has begun to be adopted. And this situation has created some problems in the face of widespread implementation of e-commerce and disputes such as conflictions between the legal systems that contain different features and contents of the rules have begun to come to fruition. Today, a definite and permanent solution to this issue has not been found yet, but important developments have begun to be made in the determination of international standards on this issue.
The development of E-Commerce Law in our country corresponds to the end of the 20th century and the beginning of the 21st century. In those times, there have been works to encourage e-commerce in our country against the spreading of the internet all over the world and negotiations for the formation of the legal framework within this scope have also been initiated. As a result of these works, special laws on e-commerce have been in force since 2009. The main source of the current practice for this branch of law is Law, numbered 6563, on Regulation of Electronic Commerce, which entered into force in May 2015. This law as having the characteristics of the framework provision opens the way for the regulation of special cases with various regulations.
E-Commerce Law: Distance Contracts
There have been new applications in the implementation of commercial activities every day. One of these practices is distance contracts. We can explain distance contracts as established agreements in which the costumer accepts seller’s offer, which is providing service or property through any communication goods, by means of any communication goods, again. These contracts includes both advantages such as giving the opportunity to think and conduct market research about the product in terms of buyers and saving the person from time and energy loss by going around the sales centers, and risks such as the failure of expectation of the person’s choice of a product from all-around view and the possibility that the vendor will not be reached in case of incompatibility. The rules related to these contracts have been regulated by Regulation, numbered 29188, on Procedures and Principles of Distance Contracts and the amendment made in 2003 in the Consumer Protection Law numbered 4077, which didn’t contain any rule of this subject before.
Permission-based Marketing is a marketing method made via messaging consumers, with the consent of them, for the aim of marketing towards the interests and needs of them according to their personal information. Messages can be sent by methods like SMS and e-mail. There are two different methods of this marketing strategy as American origin opt-out system made like sending messages until the consumers reject and European origin opt-in system made as sending messages on the consumer’s consent. While it was opt-out system which was dominant in our country before, it has been passed to the opt-in system with the newly-uncovered law numbered 6563.
It is inevitable that legal assistance is required at the point of gaining awareness to the rules of E-Commerce Law which are a legal entity that we cannot yet say that its basic principles and international standards are developed enough and resolving conflictions on this issue. At our office, our lawyers have been tasked to do their best to provide guidance in this branch with their dominance to the situations and pursuance on the most up-to-date developments.
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