The obligation to inform requires websites and businesses engaging in electronic commerce to provide clear and comprehensible information to their users about the services, products, and transactions they offer. This obligation is stipulated under Turkey’s Law on the Regulation of Electronic Commerce and related regulations.
Objectives of the Obligation to Inform
The purposes and functions of the obligation to inform are briefly outlined below:
Ensuring Transparency: Enabling users to make informed decisions.
Protecting Consumer Rights: Preventing consumers from being harmed due to a lack of information.
Legal Compliance: Helping businesses fulfill their legal responsibilities and avoid penalties.
How to Prepare the Obligation to Inform?
To fulfill this obligation, businesses need to present specific information under certain headings. The main headings are as follows:
1. Business Information
Company Title: Official company name.
Address: Physical business address.
Contact Information: Phone number, email address.
Registration Information: Trade registry number, tax number.
2. Product and Service Information
Product Descriptions: Detailed explanations of products or services being sold.
Price Information: Pricing details and additional charges, if applicable.
Stock Status: Availability of products.
3. Order and Payment Terms
Order Process: Steps for placing and confirming orders.
Payment Methods: Accepted payment methods.
Delivery Information: Delivery times and methods.
4. Return and Exchange Policy
Return Conditions: Circumstances under which returns are accepted.
Exchange Process: Procedures for product exchanges.
Return Timeframe: Duration for completing return processes.
5. Privacy Policy
Protection of Personal Data: How user data is protected.
Article 10 of Turkey’s Personal Data Protection Law (KVKK) explicitly regulates the obligation to inform. According to this article, data controllers are required to share the following:
The identity of the data controller,
The purpose of processing personal data,
To whom and for what purposes the processed data may be transferred,
Legal grounds,
The rights of the data subject.
Data Usage: How collected data is used.
Third-Party Sharing: Sharing of data with third parties.
6. Terms of Use
Service Conditions: General rules regarding the use of the website.
Disclaimer: Situations where the business does not accept liability.
Intellectual Property: Copyrights of the content on the website.
The obligation to inform is an essential requirement that protects users' rights while ensuring businesses meet their legal responsibilities.
Is It GDPR?
The "Obligation to Inform" described here closely resembles principles in the General Data Protection Regulation (GDPR), particularly regarding transparency and informing users about how their data is processed. However, this text specifically refers to Turkey's KVKK (Law on the Protection of Personal Data), which is Turkey’s national legislation inspired by GDPR. While both share similar frameworks, KVKK is tailored to the Turkish legal system and may have slight differences compared to GDPR.