Nowadays, many legal relationships are established in the digital environment. Banking transactions, e-commerce purchases, software licenses, or membership agreements are mostly conducted online. This situation has made the validity of contracts made online and the obligations they impose on the parties extremely important.
The Turkish legal system has adapted to technological developments and recognizes contracts made electronically as legally valid. However, certain conditions must be met for this validity to be ensured. Therefore, it is of great importance for both consumers and companies to be aware of the legal implications of contracts made over the internet.
Legal Basis of Electronic Contracts
The basic legislation that ensures the legal validity of contracts made online in Turkey is the Turkish Code of Obligations, the Electronic Signature Law No. 5070, the Consumer Protection Law No. 6502, and the Distance Contracts Regulation. These regulations have dmade it valid for parties to enter into contracts by expressing their will in an electronic environment.
In addition, the Law on the Regulation of Electronic Commerce outlines the framework for e-commerce activities and contains important provisions on issues such as consumer information, the right of withdrawal, and secure payment systems. Therefore, contracts made over the internet are not only valid, but also protected by special regulations.
Conditions of Validity
As with any contract, certain basic conditions must be met for contracts made online to be valid. First and foremost among these is that the parties must freely consent to the contract. Even checking the “I agree” box on a website is considered a legally valid expression of intent.
Other important conditions for validity include the subject matter of the contract being lawful, the parties having legal capacity, and the agreement being clearly recorded in electronic form. Therefore, both consumers and sellers must ensure that the process is transparent and compliant with the law.
The Importance of Electronic Signatures
Electronic signatures are one of the most important elements that increase the reliability and probative value of contracts made over the internet. According to the Electronic Signature Law No. 5070, secure electronic signatures have the same legal consequences as wet signatures. This is particularly important in commercial contracts in terms of verifying the identities of the parties and providing evidence in the event of future disputes.
Electronic signatures not used in cases where contracts are valid may, however proof may be difficult to provide . Therefore, large amounts or long term contracts must electronic signature preferred ensures legal security is provided. This both clarifies the responsibilities of the parties and also a possible dispute in the event of a dispute a35> in the event of a dispute the process more quickly resolved helps it.
Consumer Rights in Distance Contracts
The most common type of contract used in online shopping is distance contracts. These contracts cover legal relationships established between consumers and sellers without them physically meeting. The Distance Contracts Regulation grants consumers the right of withdrawal, which can be exercised within 14 days without giving any reason.
In addition, the seller is obliged to provide the consumer with clear and accurate information on matters such as the product’s features, price, delivery time, and right of withdrawal. Otherwise, even if the contract is valid, the consumer has the right to request a refund and compensation. For this reason, consumers should read the information texts for every purchase they make online, and sellers should fulfill their obligations in full.
Evidential Value of Contracts Made Over the Internet
One of the most debated issues in electronic contracts is the question of proof. When one of the parties claims that they did not accept the contract, electronic records come into play. Courts may accept documents such as email correspondence, IP address records, payment receipts, SMS confirmations, and screen shots as valid evidence.
Supreme Court rulings also point in this direction, emphasizing the importance of traces left in electronic environments as evidence. For this reason, it is extremely important for parties to retain all electronic documents for future legal proceedings. In particular, it is recommended that seller companies securely store contracts using digital archiving systems.
Application on E-Commerce Platforms
When shopping on major e-commerce platforms such as Trendyol, Hepsiburada, and Amazon, the contract is automatically established electronically. When the consumer clicks the “Buy” button, the contract containing the product’s features, price, and terms of sale is also established. In this process, it is legally mandatory to inform the consumer and make the contract accessible.
These platforms protect the rights of both consumers and themselves through user agreements and privacy policies. Therefore, every purchase made online is essentially a contract, and both parties are required to act in accordance with it.
International Dimension
Contracts made online also play an important role in cross-border trade. The issue of which country’s law applies arises particularly in purchases made on international e-commerce platforms. If the applicable law is clearly specified in the contract, this provision shall prevail. Otherwise, the Law on International Private Law and Procedural Law shall apply.
Another issue that parties should pay attention to in international contracts is taxation, customs, and consumer protection rules. Therefore, when shopping on a foreign website, it is necessary to carefully review the terms of the contract and the return process. Seeking professional legal advice will prevent possible loss of rights.
Fraud and Invalidity Cases
Unfortunately, contracts made online are sometimes misused by fraudsters. Contracts made through fake websites, misleading campaigns, or products that do not actually exist are invalid. In such cases, consumers can seek both legal and criminal remedies.
In cases of fraud, the necessary steps include informing the bank, filing a criminal complaint with the prosecutor’s office, and applying to the consumer arbitration committee or court. The proper execution of legal processes is of vital importance in terms of redressing the victim’s losses.
The Importance of Legal Support
Contracts made online can lead to serious loss of rights if they are not properly drafted. In commercial contracts in particular, incomplete or incorrectly drafted clauses can result in significant financial liabilities in the future. It is therefore extremely important to seek professional support when drafting and reviewing contracts.
At Atakan Ayhan Law Firm, we support our clients in the preparation and review of contracts made online and in the application of dispute resolution methods. This enables both individuals and companies to operate safely in the digital world and protect their rights.
Contracts made online are totally legit under Turkish law as of 2025. But for them to be valid, you gotta make sure the parties have given their consent, the contract is legal, and everyone’s been properly informed. Electronic signatures are a big deal because they make it easier to prove what’s what.
Knowing the legal consequences of contracts made online is the most important way to prevent potential loss of rights for both consumers and companies. Therefore, carefully reviewing every contract signed in a digital environment and seeking the support of an expert lawyer if necessary will be of great benefit.
