A Regulatory Requirement in E-Commerce: The ETBİS Registration Requirement

Electronic commerce in Türkiye is increasingly becoming integrated into daily life and significantly transforming individuals' commercial habits. Indeed, commercial enterprises are now able to access much broader markets and offer services by utilizing internet and technological infrastructure. However, to ensure regulatory oversight by public authorities and maintain order within the sector, various obligations have been imposed on merchants. One such regulatory requirement is the obligation to register with the Electronic Commerce Information System (ETBİS).

ETBİS was introduced into the Turkish electronic commerce ecosystem through the Communiqué on the Electronic Commerce Information System and Notification Obligations (the “Communiqué”), published in the Official Gazette dated August 11, 2017, and numbered 30151. The primary goal of ETBİS is to collect accurate data on the volume of electronic commerce in Türkiye and enhance trust within the sector.

Who Is Required to Register with ETBİS?

According to the Article 5 of the Communiqué, the following individuals and entities are required to register with ETBİS:

• Service providers operating on their own electronic commerce platforms (i.e., those selling goods or services via their own e-commerce website),

• Intermediary service providers (i.e., e-commerce marketplaces that enable the sale of goods or services owned by third parties),

• Service providers that are resident in Türkiye and do not engage in electronic commerce activities within the country, but enter into contracts or receive orders through an intermediary service provider located abroad.

• 
  

ETBİS registration can be completed through https://www.eticaret.gov.tr by authorized representatives of legal entities. Relevant service providers must complete registration before the commencement of their activities. The ETBIS QR code displayed on the websites of obligated parties serves as proof that they have fulfilled their registration requirement. Through this code, users can easily access key information such as the website address, trade name, and MERSIS number of the relevant party.

Notification Obligations

Service providers who register with ETBİS are also required to submit the information listed under Article 6 of the Communiqué within 30 days of the registration date. If there are any changes to the submitted information, these must be updated in the system within 30 days from the date of change.

In cases of cross-border electronic commerce conducted in an electronic commerce environment, the annual volume of such trade based on country and payment method must be submitted by the end of March each year.

Obligations of Other Relevant Institutions

Payment and electronic money institutions, banks, the Interbank Card Center Inc., cargo and logistics operators, e-commerce infrastructure providers, and intermediary service providers are also required to report, on a monthly basis, information related to contracts concluded and orders placed over the internet to ETBİS.

Sanctions

Failure to fully comply with the registration and notification obligations under ETBİS may result in administrative fines ranging from TL 114,035 to TL 570,178, pursuant to Article 12 of Law No. 6563 on the Regulation of Electronic Commerce. The relevant administrative fines can be updated by the Ministry of Trade every year in line with the revaluation rate and within the framework of the legislation.

For further inquiries or legal assistance about this article, feel free to  contact Durukan + Partners team.