Marketplace Liability in Turkey – Seller & Platform Responsibility (2026 Guide)
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Learn marketplace liability rules in Turkey for platforms like Trendyol and Hepsiburada. Discover legal responsibilities, seller risks, and compliance strategies in 2026.
Online marketplaces have become the dominant force in Turkey’s e-commerce ecosystem. Platforms such as Trendyol and Hepsiburada enable thousands of sellers to reach millions of consumers. However, this business model also raises complex legal questions regarding liability.
In 2026, marketplace liability in Turkey has become a critical legal issue for both sellers and platform operators. Regulatory authorities are increasing oversight, and consumers are more aware of their rights than ever before.
From a Commercial Law perspective, marketplace operations involve a multi-layered legal structure where liability is shared—yet not always equally—between the seller and the platform. Understanding this division of responsibility is essential for avoiding disputes and regulatory penalties.
Legal Framework Governing Marketplaces in Turkey
Marketplace liability is primarily governed by the Law No. 6563 on the Regulation of Electronic Commerce and the Consumer Protection Law No. 6502.
These laws define the obligations of electronic commerce intermediaries (marketplaces) and sellers.
In addition, secondary regulations and administrative guidelines issued by Turkish authorities provide further clarification on platform responsibilities, particularly regarding content monitoring, consumer rights, and unfair commercial practices.
Who Is Responsible: Seller vs Marketplace?
One of the most important legal questions is whether the seller or the marketplace is responsible for legal violations.
In general, the primary responsibility lies with the seller. Sellers are directly responsible for:
- Product quality and safety
- Accuracy of product descriptions
- Compliance with consumer protection laws
- Refund and return obligations
However, marketplaces are not entirely free from liability. Platforms have certain obligations, including ensuring transparency, preventing unlawful listings, and responding to consumer complaints.
From a Commercial Law standpoint, this creates a shared liability structure where both parties must comply with legal requirements.
Marketplace Obligations Under Turkish Law
Marketplaces are classified as intermediary service providers. As such, they must fulfill specific legal obligations, including:
- Providing clear information about sellers
- Ensuring that commercial communications comply with regulations
- Removing unlawful or misleading content when notified
- Establishing complaint and dispute resolution mechanisms
In 2026, regulatory authorities are increasingly holding marketplaces accountable for failing to monitor and control illegal activities on their platforms.
Seller Liability: The Primary Legal Responsibility
Sellers bear the primary legal responsibility for transactions conducted through marketplaces.
They must ensure that their products comply with Turkish laws, including consumer protection, product safety, and labeling requirements.
If a consumer receives a defective product or misleading information, the seller is directly liable.
Failure to meet these obligations may result in:
- Consumer claims and lawsuits
- Administrative fines
- Marketplace sanctions (account suspension, listing removal)
Consumer Protection and Marketplace Liability
Consumer protection laws play a central role in determining liability.
Consumers have the right to receive accurate information, return products, and obtain refunds. If these rights are violated, both the seller and, in some cases, the marketplace may be held accountable.
In particular, if a marketplace fails to act despite being aware of a violation, it may share liability with the seller.
Product Liability and Safety Issues
Product liability is a critical area in marketplace operations.
If a product causes harm due to defects or non-compliance with safety standards, the seller is primarily responsible. However, marketplaces may also face liability if they fail to remove dangerous products after being notified.
This creates significant legal risks, especially for high-volume sellers and international businesses.
Intellectual Property Violations on Marketplaces
Marketplaces are frequently used for selling counterfeit or unauthorized products.
In such cases, sellers are directly liable for intellectual property violations. However, marketplaces must also take action when notified of such infringements.
Failure to remove infringing content may expose platforms to legal liability.
Data Protection and Marketplace Operations
Marketplace transactions involve the processing of personal data, making compliance with the Law No. 6698 on the Protection of Personal Data essential.
Both sellers and marketplaces must ensure that customer data is processed securely and lawfully.
If the platform operates internationally, compliance with the General Data Protection Regulation may also be required.
Platform Sanctions and Account Risks
Marketplaces impose their own rules and sanctions on sellers.
Common sanctions include:
- Account suspension
- Listing removal
- Financial penalties
- Restriction of sales activities
These measures are often applied quickly and may significantly impact business operations.
From a Commercial Law perspective, sellers must carefully review marketplace agreements to understand their rights and obligations.
Cross-Border Marketplace Risks
Foreign sellers operating in Turkey through marketplaces face additional legal challenges.
They must comply with Turkish laws, including tax regulations, consumer protection rules, and data protection requirements.
Failure to comply may result in blocked payments, account restrictions, or legal proceedings.
Common Legal Mistakes by Sellers
Many sellers make avoidable legal mistakes, such as:
- Providing misleading product information
- Ignoring consumer rights
- Failing to comply with refund rules
- Selling counterfeit or unauthorized products
These mistakes can lead to serious legal consequences and financial losses.
How to Minimize Marketplace Liability Risks
To reduce legal risks, businesses should adopt a proactive compliance strategy.
This includes:
- Ensuring accurate product listings
- Complying with consumer protection laws
- Monitoring legal developments
- Reviewing marketplace agreements carefully
- Implementing internal compliance procedures
Working with a Commercial Lawyer helps ensure that marketplace operations are legally compliant and sustainable.
Conclusion
Marketplace liability in Turkey is a complex and evolving legal area.
While sellers bear primary responsibility, marketplaces also have important legal obligations.
In 2026, businesses must adopt a comprehensive compliance strategy to navigate this environment successfully.
Understanding liability rules is essential for avoiding disputes, protecting reputation, and ensuring long-term growth in the Turkish e-commerce market.
Frequently Asked Questions (FAQ)
1. Who is responsible for product defects on marketplaces?
The seller is primarily responsible, but the marketplace may share liability in certain cases.
2. Can marketplaces be held legally liable?
Yes, especially if they fail to act after being notified of a violation.
3. What happens if I violate marketplace rules?
Your account may be suspended or restricted.
4. Are foreign sellers subject to Turkish law?
Yes, if they sell to consumers in Turkey.
5. Do marketplaces handle refunds?
They may assist, but the seller remains primarily responsible.
6. What are the biggest risks for sellers?
Consumer disputes, legal penalties, and account suspension.
7. How can I protect my business legally?
By ensuring compliance and working with a qualified Commercial Lawyer.
8. Are data protection laws relevant?
Yes, both sellers and marketplaces must comply with data protection regulations.
Legal Support – Contact Us
For a tailored legal assessment regarding your marketplace operations in Turkey, feel free to contact us. Managing your legal processes with an experienced law firm helps prevent financial risks and regulatory penalties.
We provide professional legal services in Commercial Law, e-commerce law, and compliance for both local and international clients.
Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Kule No:148, 06520 Balgat / Çankaya / Ankara / Turkey
