What Are The Provisions That Have Been Postdated In The Distance Contracts Regulation? 15 September 2022
The "REGULATION ON AMENDING THE REGULATION ON THE REGULATION ON DISTANCE CONTRACTS" (Hereinafter referred to as "Regulation") was published in the Official Gazette dated 14 September 2022, and in accordance with this Regulation, the effective dates of some regulations made on August 23, 2022 have been amended.
|
The "REGULATION ON AMENDING THE REGULATION ON THE REGULATION ON DISTANCE CONTRACTS" (Hereinafter referred to as "Regulation") was published in the Official Gazette dated 14 September 2022, and in accordance with this Regulation, the effective dates of some regulations made on August 23, 2022 have been amended. |
|
The regulation consists of 3 articles and the 1st article solely contains the amendment clause, the other articles include the effective date and enforcement issues. |
|
With the fundamental changes made in the Regulation on 23 August 2022, crucial alterations were also included in the obligations of the seller and the supplier, and with the amendments, the intermediary service provider was conjointly liable for the refund of payments in certain matters, along with the service provider. No additional regulation was brought to the previous amendments by the cited Regulation, however an enhancement was made on the effective dates of the different articles. |
|
Whilst the Regulation is examined, it is perceived that the effective date of the regulation on the requirement to inform the consumer about the conditions, duration, procedure and return process of the right of withdrawal in the clause "g" of paragraph 1 of Article 5, titled "Preliminary Information",in the "Distance Contracts Regulation"s Subparagraph (g) of the 1st Paragraph of the 5th Article titled "Preliminary Information" was changed to 1.1.2024, while it was 3 months after the publication. |
|
Likewise, the effective date of the regulation regarding the intermediary service provider in 12th Article titled "Liabilities of the Seller or Provider" was changed to 1.1.2024, while it was 3 months after the publication. |
|
The effective date of the Subparagraph (b) of the 7th Paragraph of the Article 12/A titled "Liabilities of the Intermediary Service Provider" which is one of the newly added articles to the Regulation was changed to 1.1.2024, while it was 3 months after the publication. With the additional article, it is regulated that intermediary service providers have to establish a convenient system in order for consumers to make their demands and notifications correctly. |
|
The effective date of the regulation, which increased the obligation to send back to 14 days regarding the right of withdrawal in Article 13, titled "Consumer's Obligations" was changed to 1.1.2024, while it was 3 months after the publication. |
|
The effective date of the regulation regarding the burdening of the return cost to the consumer in the 3rd Paragraph of the 13th Article titled "Consumer's Obligations" which is one of the fundamental changes in the Consumer Legislation was changed to 1.1.2024, while it was 3 months after the publication. |
|
Finally, it is seen that the regulation regarding the exceptions to the right of withdrawal in the "ı, i, j, k" clauses of the 1st paragraph of the 15th article titled "Exceptions to the Right of Withdrawal" was changed to 1.1.2024, while the effective date was 3 months after the publication. |
|
The effective dates of the provisions of the Regulation, other than these articles, were 3 months after the publication, and it was decreed as 1.10.2022. |
Other News
-
22.11.2024
The Procedure of Sale by Auction and The Legal Aspect of New Regulations Brought by the 9th Judicial Package
By new regulations brought by the 9th Judicial Package, a new legal frame for the sale of seized goods electronically is instructed according to Enforcement and Bankruptcy Law Article 111/b. Transactions about the sales of seized goods are made via a sale portal integrated with the National Judicial Network Information System (UYAP) by auction. However, because of the legal gaps of the law, an application about the sale transactions cannot be displayed. The amendments introduced by legislators to the law regarding electronic sales in the 8th and 9th Judicial Packages, as well as the newly established regulations, are considered an important step toward making foreclosure processes faster and ensuring that sales transactions are conducted in a safer and more transparent environment.
-
15.11.2024
Law Numbered 7531 On Amendments To Certain Laws Was Published
Law1 No. 7531 on the Amendment of Certain Laws ("Law"), also known as the 9th Judicial Package, was published in the Official Gazette dated 14.11.2024 and numbered 32722 and contains significant amendments to 17 different laws.
-
13.11.2024
E-Government Era Begins In Lease Agreements!
The Ministry of Treasury and Finance ("Ministry") announced in the 2023-2025 period of its 2022 Action Plan for Combating the Informal Economy ("Action Plan") that lease agreements could be concluded through the e-Government portal to support the decision-making processes of the parties involved and conduct risk analysis studies. The first phase of this activity was launched on November 4, 2024, through the e-Government portal, and the second phase is expected to be implemented by the end of the year.
-
11.11.2024
A New Era in Digital Markets: The Competition Authori's The Competition Authority's 2024-2028 Strategic Plan Published
The Competition Authority ("the Authority") has published its 2024-2028 Strategic Plan ("the Strategic Plan") with the aim of adapting to the rapidly evolving dynamics of digital markets and maintaining a competitive economic order. Developed in light of recent shifts in the global competitive environment, the Strategic Plan focuses on new regulations in digital markets and emerging technologies. The Authority aims to ensure fair and competitive markets through this plan, with a clear focus on enhancing consumer welfare.
-
31.10.2024
Public Announcement on Standard Contract Notification Module Published
Public Announcement on Standard Contract Notification Module published on 24.10.2024 on the official website of Personal Data Protection Authority ("Authority"). By the decision dated 17.10.2024, the Personal Data Protection Board ("Board") created "Standard Contract Notification Module" ("Module") in order to carry out standard contract notification processes in a faster and more efficient manner and decided that the notifications could also be carried out online via the Module.
-
28.10.2024
Warning To Research Companies: Inform First, Then Obtain Consent
After the number of complaints to the Personal Data Protection Authority ("Authority"), the Authority published a Public Announcement on "Personal Data Processing Activities of Research Companies by Using "Random-Digit Dialing as a Method of Telephone Sampling" for the purpose of Statistical Research" ("Public Announcement").
-
21.10.2024
EU Data Act
In today's world, where digitalization is gaining significant pace, data sharing and management are of vital importance for all sectors. In this context, the European Union has adopted the EU Data Act, which reshapes the regulations on data sharing. It aims to promote the wider use of data generated by digital devices and services while introducing new rules for a fair data economy.
-
2.10.2024
Regulation No.2023/1115 on the Prevention of Deforestation and Rules for Companies Exporting Products to the European Union
According to data from the United Nations Food and Agriculture Organization, it has been determined that the world's forests decreased by 178 million hectares over the 30-year period from 1990 to 2020.
-
1.10.2024
SEC Climate Disclosure Rule
For the sake of a livable environment and the future of our world, sustainability and ecosystem protection are becoming increasingly important. In this context, governments are introducing environmental reporting standards for companies, which are among the actors that most significantly impact the ecosystem.
-
26.7.2024
2024-2025 Action Plan For The National Artificial Intelligence Strategy Has Entered Into Force
Presidency of the Republic of Türkiye Digital Transformation Office published 2024-2025 Action Plan for the National Artificial Intelligence Strategy within the framework of the 12th Development Plan in order to further Turkey's progress in the field of artificial intelligence and to achieve the set targets.
-
30.5.2024
Important Amendments Introduced to the Turkish Commercial Code by Law No.7511
The Law on Amendments on Turkish Commercial Code and Certain Laws (the "Law") was published in the Official Gazette dated 29 May 2024 and numbered 32560.
-
8.5.2024
Law Proposal on the Amendments on the Turkish Commercial Code Numbered 6102 and Certain Laws in Offered to the Parliament
Law Proposal on the Amendments on the Turkish Commercial Code and Certain Laws is offered to the parliament. Within the scope of the proposal, it is planned to make important amendments to a number of laws, particularly the Turkish Commercial Code, the Cooperatives Law, the Law on the Protection of Competition and the Law on Consumer Protection.
-
19.4.2024
The Constitutional Court Decision Annulled The Regulation Envisaging Liability For Litigation Expenses Within The Scope Of Mediation In Civil Disputes
In accordance with paragraph 11 of Article 18/A of Law No. 6325 on Mediation in Civil Disputes1 ("the Code"), a party shall be held liable for the entire cost of the litigation, nothwithstanding justification at the conclusion of the proceedings, and shall not be granted power of attorney fee if he or she fails to appear for the initial session of mandatory mediation without providing an explanation.The aforementioned regulation is outlined as follows:
-
8.4.2024
E-Application" Period In Capital Markets Board Applications
With its announcement dated 5 February 2024, the Capital Markets Board ("Board") announced to the public that capital market institutions, organisations and partnerships will be able to make their applications more quickly and effectively through the e-Application System.
-
5.4.2024
The Amounts In The Pre-Conditions To Be Complied With Before The Initial Public Offering Of Shares In Several Sectors Were Decreased
The Capital Markets Board ("Board" or "CMB") decreased the financial thresholds for financial statements, especially considering the sectoral differences of the companies that submitting to the Board for initial public offering and the 12th Development Plan ("Plan") prepared by the Presidency of the Strategy and Budget Directorate.
