The brand new e-commerce regulation, which is able to come into impact on January 1, 2023, has triggered controversy within the business.
Totally different stakeholders of the e-commerce ecosystem warn that the adjustments made within the present regulation with the intention to stop unfair competitors and monopolization might scale back the expansion price of the sector and even scale back the entire quantity.
Whereas there was a loud demand within the sector that some articles must be revised, an software was made to the Constitutional Court docket for the annulment of the regulation.
Within the gentle of all these developments, we centered on all features of the brand new regulation that can form the way forward for the e-commerce sector, which has began to assault particularly throughout the pandemic interval and has grown 10 occasions within the final 4 years.
In immediately’s episode of our article collection, we mentioned the improvements introduced by the regulation, which is the main target of the discussions.
The Regulation No. 6563 on the Regulation of Digital Commerce entered into drive in 2014.
Primarily based on the truth that this regulation has misplaced its forex through the years in parallel with the event of e-commerce, the Ministry of Commerce has ready the Regulation No. 7416 Amending the Regulation on the Regulation of Digital Commerce. The brand new e-commerce regulation was revealed within the Official Gazette final July.
Whereas the brand new regulation goals to stop the formation of a single market that dominates the e-commerce ecosystem on the whole phrases, among the articles ready on this route have been the goal of criticism.
CONCEPTS IN E-COMMERCE GET LEGAL RECOGNITION
Earlier than shifting on to the controversial articles, if we take a look at the improvements of the brand new regulation, it’s seen that the authorized definition of the present ideas within the sector has been made.
Accordingly, ‘Digital commerce instrument service supplier’, ‘Digital commerce service supplier’, ‘Digital commerce setting’, ‘Digital commerce market’, ‘Digital Commerce Data System (ETBIS), ‘Web transaction quantity’, which aren’t outlined within the previous regulation. The definition of the ideas of ‘financial integrity’ has been made within the new regulation.
With the brand new regulation, middleman service suppliers that allow the conclusion of contracts or putting orders for the availability of products or providers of different digital commerce service suppliers, no matter whether or not they’re promoting within the e-commerce market, are outlined as ‘digital commerce middleman service suppliers’.
Within the e-commerce market or in their very own e-commerce setting, service suppliers that make contracts for the availability of their very own items or providers or obtain orders are outlined as ‘digital commerce service suppliers’.
THE LIMITS OF UNFAIR TRADE HAVE BEEN DETERMINED
The definitions of “e-commerce market” and “e-commerce setting” will probably be added to the regulation with the intention to present certainty concerning the e-commerce setting during which the e-commerce middleman service supplier supplies middleman providers.
Within the new regulation, which redraws the framework of the Ministry’s authorities on e-commerce, there’s additionally a brand new article on the level of stopping unfair commerce.
On this article, it’s emphasised that unfair industrial practices can’t be made in digital commerce, and “The digital commerce middleman service supplier is a celebration to a industrial relationship that might not be a celebration underneath regular circumstances by considerably disrupting the industrial actions of the e-commerce service supplier, decreasing its means to make an inexpensive determination, or by forcing it to take a sure determination. It’s thought of that the practices that trigger the
As well as, in accordance with this text, which determines the bounds of unfair industrial observe, the cost to be made to the digital commerce service supplier will not be made in full inside 5 working days from the date the order reaches the customer, the digital commerce service supplier is compelled to promote campaigned items or providers, the circumstances of the industrial relationship with the digital commerce service supplier, Conditions similar to not being decided in written kind or in an intermediation settlement made in digital setting, receiving a charge from the e-commerce service supplier regardless that no service is supplied, dropping the e-commerce service supplier again within the rating or advice system, though no goal standards are included within the brokerage settlement, had been counted as unfair industrial practices.
With the brand new regulation, the e-commerce middleman service supplier, which engages in unfair industrial practices in e-commerce, will probably be fined from 10 thousand lira to 100 thousand lira for every e-commerce service supplier with unfair observe.
An administrative positive of 500 thousand TL will probably be utilized to the e-commerce middleman service supplier, which forces the e-commerce service supplier to promote services or products with a marketing campaign, together with the unilateral change within the gross sales worth by the e-commerce middleman service supplier.
LIMIT TO MARKETING BUDGETS
Inside the scope of the brand new regulation, whereas limiting the advertising and marketing budgets of e-commerce corporations, it’s also prevented that the budgets on this space are not freely decided.
Based on this text, which is without doubt one of the controversial articles, e-commerce platforms with a web transaction quantity of 30 billion TL and a transaction variety of greater than 100 thousand excluding cancellations and refunds, the quantity of the online transaction quantity utilized to the 12-month common Client Worth Index change price for a similar calendar yr. Within the following calendar yr, it will likely be capable of spend as much as 2 p.c of this quantity for a portion of 30 billion TL, and as much as 3 per thousand of this quantity for a portion over 30 billion TL.
Accordingly, the calculated quantity will represent the entire promoting finances of the digital commerce software service suppliers included within the web transaction quantity and the digital commerce service suppliers working within the digital commerce market place inside their financial integrity.
As well as, this finances will probably be shared between digital commerce middleman service suppliers and digital commerce service suppliers in proportion to their contribution to the online transaction quantity, and can be utilized on the price of one-fourth at most in quarterly intervals of a calendar yr.
Based on the brand new regulation, e-commerce platforms pays 2 p.c of the online transaction quantity for the 30 billion TL a part of the 12-month common Client Worth Index change price utilized for a similar calendar yr, and for the half above 30 billion TL. It will likely be capable of supply promotions, awards, factors, coupons, reward certificates and comparable alternatives as much as 3 per thousand of this quantity within the following calendar yr.
Though the amendments made within the regulation goal to stop unfair competitors and monopolization, to develop e-commerce in a balanced approach and to guard the rights of all stakeholders, there are criticisms that the restriction on advertising and marketing budgets might have unfavorable results on the ecosystem.
LICENSE FEE WILL BE PAID ACCORDING TO THE VOLUME
One of many objects mentioned within the new regulation was the license charges stipulated to the businesses.
Based on the article within the regulation, the e-commerce middleman service supplier, whose web transaction quantity in a calendar yr is over 10 billion TL, and whose variety of transactions excluding cancellations and returns is over 100 thousand, has to acquire a license from the Ministry of Commerce and renew its license with the intention to proceed its actions. will probably be.
The license charge will probably be collected from e-commerce middleman service suppliers in proportion to their web transaction volumes within the earlier calendar yr of their e-commerce marketplaces.
Based on this;
– Three out of ten thousand of the e-commerce middleman service suppliers, whose web transaction quantity is between TL 10 billion and TL 20 billion, exceeding TL 10 billion,
– In case the online transaction quantity is between 20 billion TL and 30 billion TL, 5 per thousand of the half exceeding 20 billion TL,
– If the online transaction quantity is between TL 30 billion and TL 40 billion, one p.c of the portion exceeding TL 30 billion,
– If the online transaction quantity is between TL 40 billion and TL 50 billion, 5 p.c of the portion exceeding TL 40 billion,
– In case the online transaction quantity is between TL 50 billion and TL 55 billion, ten p.c of the portion exceeding TL 50 billion,
– If the online transaction quantity is between 55 billion TL and 60 billion TL, fifteen p.c of the portion exceeding 55 billion TL,
– If the online transaction quantity is between TL 60 billion and TL 65 billion, twenty p.c of the portion exceeding TL 60 billion,
– In case the online transaction quantity is over TL 65 billion, a license charge of twenty-five p.c of the half exceeding TL 65 billion will probably be paid.
CARGO AND TRANSPORT REorganized
With the regulation, new laws had been launched for cargo and logistics providers in e-commerce procuring.
Accordingly, excluding gross sales in e-commerce marketplaces the place e-commerce middleman service suppliers present middleman providers, gross sales made by itself or its people as an e-commerce service supplier and gross sales outdoors of e-commerce, items transportation, freight forwarding and postal providers. supplier won’t be accessible.
Though the amendments made within the regulation goal to stop unfair competitors and monopolization, to develop e-commerce in a balanced approach and to guard the rights of all stakeholders, the business has reservations about some articles.
These embody license charges and restrictions on advertising and marketing budgets.
The sector officers, who’ve warned that these 2 substances might have unfavorable results on the ecosystem within the coming interval, hope that revisions might be made within the new regulation with the laws to be ready, which can adversely have an effect on the sector.
‘LICENSE PRICE IS NOT SUSTAINABLE’
Talking on the C Degree Membership Roundtable occasion the place the problem was mentioned lately, Digital Commerce Operators Affiliation (ETİD) Secretary Normal Ömer Gürkan mentioned that the idea of financial integrity got here with the brand new regulation.
Gürkan mentioned, “It’s desired to stop corporations from spreading to many sectors, similar to receiving funds and offering courier providers on the identical time, in a approach that will result in unfair competitors, and to hold out each enterprise inside their very own construction. Nevertheless, this financial integrity will not be sought on the retail aspect. In different phrases, there’s a image during which some teams are launched.” .
Stating that the explanation for the enactment of the regulation is that the regulation no. 6563 is out of date and doesn’t cowl new enterprise fashions that develop with the pandemic, Gürkan mentioned, “One of many new ideas is ‘large-scale corporations’. A turnover criterion is launched in promoting and announcement bills. One of many vital articles within the regulation is the arrival of licensing charges. ” .
‘BALANCES IN THE ADVERTISING MARKET WILL CHANGE’
Making a press release on the identical occasion, Ahmet Saygın Baban, Head of the Sectors and Entrepreneurship Division of the Union of Chambers and Commodity Exchanges of Turkey, additionally talked about that the e-commerce sector has turn out to be an vital issue within the economic system each for regional improvement and for SMEs’ merchandise to achieve the market far more simply.
Noting that the sector has grown 10 occasions within the final 4 years and {that a} regulation is required with the intention to preserve the expansion development in a wholesome approach, Baban mentioned, “The restrictions within the e-commerce regulation designed to stop unfair industrial practices are largely in step with the European Union laws, making the e-commerce ecosystem safer. I think about that there are limitations that contribute to the expansion and wholesome improvement of e-commerce along with all its actors.
Stating that SMEs are protected in accordance with worldwide requirements towards unfair industrial practices and market operators who’re in a a lot stronger place than themselves, Baban mentioned, “When the e-commerce regulation is examined when it comes to establishing honest competitors, this can be very vital particularly for companies which are within the place of market place which are within the place of middleman service suppliers. “We see that there are radical and radical adjustments. On this route, it’s seen that crucial coverage goal of the regulation is to stop the formation of a single market that dominates the e-commerce ecosystem. Despite the fact that the software and mechanism are totally different, this goal is among the many coverage priorities everywhere in the world in the intervening time,” he mentioned.
Noting that the stability within the promoting market will change with the regulation, Baban mentioned, “We perceive that with the regulation, an higher restrict has been imposed on the promoting budgets of e-commerce corporations, in order that their promoting budgets can’t be freely decided. It’s attainable to say that it’s going to change within the very brief time period”.
The collection of articles will proceed with the opinions of the consultants…
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