Bilişim Hukuku Dergisi

Abstract

The distance contract concluded between the seller or supplier and the consumer within a system established for the distant marketing without the simultaneous physical presence of the parties may be made through an intermediary service provider. In Turkish law, the definition of the concept of intermediary service provider is stated in Article 48 of the Law on Consumer Protection No. 6502, Article 2/I-d of the Law on the Regulation of Electronic Commerce and Article 4/I-i of the Distance Contracts Regulation. In the European Union law, the definition of this concept is regulated in Article 2/I-(18) of Directive 2011/83/EU. According to these articles, an intermediary service provider can be defined as a natural person or legal entity who enables and intermediates the conclusion of a distance contract between the seller or supplier and the consumer through a distant communication system. The elements of the concept of intermediary service provider are as follows: acting as an intermediary between the seller or supplier and the consumer, using a distant communication system, enabling the conclusion of a distance contract and being a natural person or legal entity. In order to avoid the confusion in doctrine and practice about the scope of this concept, the elements in these definitions should be explained.