Important Constitutional Court Decision Regarding The Liability Of E-Commerce Platforms Toward Consumers

With its decision dated 12 February 2026 and numbered E.2024/187, K.2026/42, published in the Official Gazette on 2 June 2026, the Constitutional Court ruled that:

• the phrase “…and Article 11…” contained in subparagraph (d) of paragraph six of Article 48 of the Turkish Consumer Protection Law No. 6502 (“Consumer Protection Law”); and
• the part of paragraph one of Article 9 of the Turkish E-Commerce Law No. 6563 (“E-Commerce Law”) relating to consumer contracts,

are unconstitutional and therefore annulled.

Within the scope of its review, the Constitutional Court examined Article 9 of the E-Commerce Law solely in relation to consumer contracts. Under the relevant provision, unless otherwise stipulated by other laws, intermediary service providers in electronic commerce could not be held liable for unlawful aspects relating to content provided by service providers or to the goods and services subject to such content.

In addition, pursuant to the provision of the Consumer Protection Law that was subject to annulment, intermediary service providers were not liable for consumers’ exercise of the optional remedies set out in Article 11 of the Consumer Protection Law in relation to defective goods.

The Constitutional Court emphasized that e-commerce intermediary service providers can no longer be regarded merely as passive intermediaries that bring buyers and sellers together. The Court noted that, in certain cases, such platforms exercise significant influence and control over sales processes, payment systems, product listings, and the presentation of products to consumers. Accordingly, the Court concluded that granting complete immunity from liability to platforms that play such an active role is contrary to the objective of consumer protection and incompatible with the State’s constitutional obligation to protect consumers. On this basis, the Court annulled the relevant provisions.

Once the annulment decision enters into force, the statutory barrier preventing consumers from asserting the optional remedies provided under Article 11 of the Consumer Protection Law in relation to defective goods (refund, free repair, replacement with a non-defective equivalent, or a price reduction proportionate to the defect) not only against the seller but also against the relevant intermediary service provider, will be removed. In this respect, the decision is expected to pave the way for an expansion of the legal liability of e-commerce intermediary service providers toward consumers.

On the other hand, the Constitutional Court’s annulment of Article 9 of the E-Commerce Law is limited to consumer contracts. Therefore, the liability exemption regime set out under Article 9 of the E-Commerce Law will continue to apply in relation to matters outside consumer contracts that may give rise to legal liability.

Taking into account the potential legal and technical compliance requirements arising from the decision, the Constitutional Court ruled that the annulment provisions will enter into force nine months after their publication in the Official Gazette. Accordingly, the relevant provisions will become effective on 2 March 2027. As of that date, the principal legal obstacle preventing a significant expansion of the liability of e-commerce intermediary service providers toward consumers will have been removed.

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