WHAT BRINGS THIS NEW REGULATION?
Regulation arranges the general principles related to the liabilities of service providers and intermediary service providers on e-commerce, the information that should be provided by service providers and intermediary service providers to customers before signing the contract with customers and during the ordering process.
An exception related to the form of the contract
The provisions of Regulation do not apply the contracts concluded through exclusively e-mail, telephone call, short message or other similar individual communication media enabling direct communication on e-commerce.
The liabilities of services providers and intermediary service providers
Under this Regulation service providers and intermediary service providers are liable to provide necessary information related to contact details, address, e-mail and other relevant information to customers on e-commerce prior to the beginning of electronic commercial activities.
A new title under this Regulation “process guide”
This Regulation brings a new arrangement concerning process guide that shall be created by service providers and intermediary service providers on the network through which electronic commercial activities carry out and includes a) necessary information for customers related to technical steps for signing the contract, b) information concerning access to, and perpetuation of the electronic commercial contract, c) brief order form and technical tools, d) confidentiality rules of personal data, e) dispute resolution methods.
How to be duly completed an order process
Regulation determines also the liabilities of service providers and intermediary service providers concerning the order, and the rule of how to be confirmed the order. Accordingly, they shall provide to customers the clearance of payment process related to relevant goods and services during the order confirmation and the access to the contract provisions, and other details.
Finally Regulation includes new provisions concerning complaint applications which shall be made through e-state or the website of the Ministry of Custom and Trade on e-commerce, or in written form to the provincial directorate where the complainant resides. After the complaint application, the provincial directorate may require necessary and relevant documents/information from service providers and intermediary service providers in order to examine the complaint. However, if they don’t provide those documents/information within the prescribed time to the provincial directorate, an administrative fine will be applied according to the Law on the Regulation of Electronic Commerce Nr. 6563.
There is a temporary article under Regulation which determines that service providers and intermediary service providers shall carry out their liabilities related to providing relevant information to customers under Regulation, process guide, the order and its payment process within three months following the publishing date of Regulation.