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Thresholds for E-Commerce Licenses Increased

Thresholds for E-Commerce Licenses Increased

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The obligation of e-commerce intermediary service providers and e-commerce service providers to obtain licenses from the Ministry of Commerce was introduced to our legal system with the “Law Amending the Law on the Regulation of Electronic Commerce" [available only in Turkish] published in the Official Gazette dated 7 July 2022, and thus has been amended by the Presidential Decree No. 6829 [available only in Turkish] published in the Official Gazette dated 23 February 2023 and numbered 32113.

As per the amendment, which enters into force with its publication, all of the monetary limits regarding the license obligations were increased by 50%.

The amended thresholds according to yearly transaction volume of the intermediary service providers and service providers are renewed as stated below.

Accordingly, the annual minimum transaction volume to fall into the scope of the license obligation is now determined as 15 billion Turkish Liras and the annual transaction value required to be subjected to the maximum license fee of 25% of the relevant portion of the trading volume was increased to 97,5 billion Turkish Liras.

Below are listed, respectively, [i.] the old threshold [the annual transaction volume], [ii.] the new threshold [the annual transaction volume] and [iii.] the license fee.

  • 10 billion ₺ – 15 billion ₺ – 3/10.000
  • 20 billion ₺ – 30 billion ₺ – 5/1.000
  • 30 billion ₺ – 45 billion ₺ –1%
  • 40 billion ₺ – 60 billion ₺ –5%
  • 50 billion ₺ – 75 billion ₺ –10%
  • 55 billion ₺ – 82.5 billion ₺ –15%
  • 60 billion ₺ – 90 billion ₺ –20%
  • 65 billion ₺+ –97.5 billion ₺+ –25%

Although the amendment has not made an explicit change in license fees, the monetary limits have been increased significantly even though the licensing obligation had just entered into force and is still in its adaptation period until 2024 for service providers and 2025 for intermediary service providers.

This development demonstrates that the concerns regarding potential restrictive effect of the regulation, as previously mentioned in our article “New Era in Turkey’s E-Commerce Market”, were becoming considerably likely to be proven right. With the amendment and the increased thresholds, many e-commerce intermediary service providers and e-commerce service providers are now subjected to lower license fees, and thus the financial burden caused by the license obligation will be alleviated to some degree and the market will be relieved.

By Zahide Altunbas Sancak, Partner, and Aziz Can Cengiz, Attorney, Guleryuz & Partners

Guleryuz & Partners at a Glance

Güleryüz & Partners Attorneys at Law is an Istanbul based law firm offering a broad scope of high-quality legal services to domestic and multinational clients across a wide range of regulated and non-regulated industries. The Firm is comprised of energetic young professionals, led by experienced lawyers with a proven track record of working in the most demanding environments possible. Our team has comprehensive experience in serving clients in connection with a full breadth of Turkish law matters including Litigation & Dispute Resolution, M&A, Wealth Management & Family Businesses, General Corporate & Contract Law, Real Estate & Construction, Enforcement and Bankruptcy Proceedings, Labor Law, Administrative Law, and Anti-Corruption & White-Collar Crimes. 

Our core business culture is centered on integrity, dedication to clients’ needs, and excellence of legal advice and services. Therefore, our primary objective is to ensure the most personalized and reliable legal service for our clients. In pursuit of this objective, the international academic backgrounds of our partners at prestigious universities in USA, UK and Germany coupled with more than ten years of past experience at top tier Turkish law firms enhances the visionary practice of the Firm.

We blend our practical expertise with our outstanding grasp of legal theory in order to provide our clients with legal services of unmatched quality. Our clients range from multinational companies where we provide a level of attention normally only expected from in-house counsels in order to timely manage every aspect of the clients’ legal needs, to individuals for whom we make their objectives ours in order to provide comfort and ease of life. While we always put client service above all, we are proud to be on a quest to make reliable legal information available for everyone. Hence, we are constantly authoring articles on a broad scope of legal topics for respectable publications including Bloomberg Businessweek and the monthly magazine TR Monitor.

While Güleryüz & Partners operates mainly in Turkish and English, we are capable of providing legal services in French, German and Russian as well. The Firm also has an associated office in Ankara.

You can learn more about the Firm at guleryuz.av.tr