ANKARA, Türkiye — June 16, 2026
Türkiye’s e-commerce industry is anticipating new regulatory measures after the Constitutional Court (AYM) annulled legal provisions that had exempted online marketplace platforms from liability related to defective products sold through their systems. The ruling is expected to reshape consumer protection rules and platform responsibilities across the country’s rapidly growing digital commerce sector.
According to information obtained from the Ministry of Trade, officials have already begun consultations with representatives of major e-commerce platforms following the court’s decision. The ministry is reportedly preparing a new framework aimed at balancing stronger consumer protection with the continued growth of the digital economy.
Constitutional Court Annuls Liability Exemptions
The Constitutional Court ruled that provisions shielding intermediary service providers from consumer claims arising from defective goods were unconstitutional. The court also struck down a separate provision stating that marketplace operators could not be held responsible for unlawful content, products, or services offered on their platforms. The annulment will take effect in March 2027, giving lawmakers time to draft replacement legislation.
In its reasoning, the court emphasized that many modern e-commerce platforms play a far more active role than merely connecting buyers and sellers. The ruling noted that some platforms possess significant knowledge of, and control over, the products and services offered through their marketplaces, making blanket immunity difficult to justify from a consumer-rights perspective.
Industry Seeks Balanced Approach
Hakan Çevikoğlu, Chairman of the Electronic Commerce Operators Association (ETİD), said discussions with the Ministry of Trade are underway regarding the design of a new regulatory model. He stressed the importance of maintaining consumer confidence while avoiding measures that could hinder innovation and growth in the sector.
Industry representatives warn that overly burdensome requirements could disproportionately affect small businesses that rely on online marketplaces to reach customers. According to ETİD, Türkiye has approximately 634,000 e-commerce businesses, and nearly 75% of them operate as sole proprietorships or small enterprises.
Concerns Over Additional Compliance Costs
Sector stakeholders expect lawmakers to introduce new safeguards designed to prevent fraud and strengthen accountability. However, there are concerns that platforms may be required to seek financial guarantees, deposits, or additional documentation from sellers to manage legal risks. Such measures could increase operating costs for hundreds of thousands of small and medium-sized merchants active on digital marketplaces.
Legal experts say the court’s decision does not automatically make marketplaces fully liable for every defective product sold online. Instead, future regulations are likely to distinguish between platforms that act as passive intermediaries and those that play a more active role in product promotion, payment processing, logistics, and customer service.
Consumer Protection at the Center
The ruling is widely viewed as a significant step toward strengthening consumer rights in Türkiye’s digital marketplace ecosystem. Policymakers are expected to develop a framework that provides consumers with more effective remedies when defective products are purchased online, while also preserving the competitiveness and growth potential of the country’s e-commerce industry.
Source: Patronlar Dünyası/ Prepared by: İlayda Gök