Law

Electronic Commerce Law(HUK422)

Content
Course Code Course Name Semester Theory Practice Lab Credit ECTS
HUK422 Electronic Commerce Law 8 2 0 0 2 2
Prerequisites
Admission Requirements
Language of Instruction Turkish
Course Type Elective
Course Level Bachelor Degree
Course Instructor(s) Halil Ali DURAL adural@gsu.edu.tr (Email) Ömer Mert YILMAZ omyilmaz@gsu.edu.tr (Email)
Assistant
Objective The objective of this course is to examine the private law rules applicable to commercial activities conducted in the electronic environment and to resolve legal disputes arising in this field within the framework of substantive law rules. It aims to comprehensively address the doctrinal discussions, legislation, and judicial precedents that emerge from the application of traditional principles of the law of obligations and commercial law to the digital medium.
Content The course content comprises the formation stages of electronic contracts, the transmission of declarations of intent over the internet, electronic signatures and their dimension in the law of evidence, and the obligations and liability regimes of the parties pursuant to Law No. 6563 on the Regulation of Electronic Commerce. Furthermore, distance contracts within the scope of consumer protection legislation, commercial electronic messages, the liability of content and hosting providers under Law No. 5651, unfair competition, and personal data protection law constitute the primary fields of study.
Course Learning Outcomes Upon successful completion of this course, students will be able to:

Systematically explain the fundamental legislation related to electronic commerce (Turkish Commercial Code No. 6102, Turkish Code of Obligations No. 6098, Law No. 6563, Consumer Protection Law No. 6502, and Laws No. 5651 and 6698).

Identify legal problems regarding defects of consent, formal requirements, and performance stages in contracts established in an electronic environment.

Distinguish between the concepts of service provider and intermediary service provider, determining the legal, administrative, and criminal liabilities of the respective parties.

Evaluate disputes constituting unfair competition, trademark infringements, and attacks on personality rights arising from electronic commerce activities.

Produce legal opinions by analyzing Supreme Court (Court of Cassation) decisions through concrete hypothetical cases (practical exercises).
Teaching and Learning Methods Theoretical Lecture: Systematic presentation of legislative provisions, legal institutions, and doctrinal divergences.

Practical Work (Hypothetical Case Study): Resolving hypothetical cases tailored to the relevant week's topic by applying substantive law rules.

Case Law Analysis: Examination of precedent-setting decisions from the Assembly of Civil Chambers of the Court of Cassation and relevant Civil Chambers.

Legislation and Contract Analysis: Examining typical distance contract texts and preliminary information forms strictly in terms of their legal validity requirements.
References Basic Legislation:

Turkish Commercial Code No. 6102 (TCC)

Turkish Code of Obligations No. 6098 (TCO)

Law No. 6563 on the Regulation of Electronic Commerce and Related Regulations

Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts

Electronic Signature Law No. 5070

Law No. 5651 on Regulating Broadcasting in the Internet Environment and Fighting Against Crimes Committed Through These Broadcasts

Personal Data Protection Law No. 6698 (PDPL)

Core Works and Doctrine:

Specific textbooks or monographs to be used for the course (To be announced by the instructor at the beginning of the semester).

Selected Court of Cassation decisions and scientific articles published in peer-reviewed journals (To be assigned as weekly reading material).
Print the course contents
Weekly Contents
Theory Topics
Week Weekly Contents
1 Introduction to Electronic Commerce Law: Basic Concepts, Historical Development, and the Legal Nature of the Institution.
2 The Fundamental Legislation Governing Electronic Commerce and the Scope and Limits of Law No. 6563.
3 Formation of Electronic Contracts: Declarations of Intent, Offer, Acceptance, and Contract Negotiations in the Internet Environment.
4 Electronic Records in the Context of the Law of Evidence: Electronic Signatures, Their Types, and Legal Consequences under Law No. 5070.
5 Subjects of Electronic Commerce: The Legal Status and Liability Regime of Service Providers and Intermediary Service Providers.
6 Electronic Commerce in the Context of Consumer Protection Law: The Obligation to Inform and Preliminary Information Forms.
7 Distance Contracts: Conditions of Formation, Performance, and the Exercise of the Consumer's Right of Withdrawal.
8 Commercial Electronic Messages: Conditions of Transmission, Consent Mechanisms, Message Management System (İYS), and Administrative Sanctions.
9 Cases of Unfair Competition in Electronic Commerce (Unfair competition lawsuits in the context of domain names, URL redirection, and deceptive advertising).
10 Obligations of Content, Hosting, and Access Providers
11 Protection of Personal Data: Obligations of the Data Controller and Explicit Consent within the Scope of Electronic Commerce Activities.
12 Infringements of Intellectual and Industrial Property in Electronic Commerce: Protection of Trademark and Copyright in the Internet Environment.
13 Infringements of Intellectual and Industrial Property in Electronic Commerce: Protection of Trademark and Copyright in the Internet Environment.
14 General Evaluation in Light of Judicial Decisions: The Problem of Competent and Authorized Courts and Practical Case Studies.
Practice Topics
Week Weekly Contents
Assessment System
Contribution to Overall Grade
  Number Contribution
Toplam 0 0
In-Term Studies
  Number Contribution
Toplam 0 0
Relation of Proficiency
No Program Learning Outcomes Contribution
1 2 3 4 5
ECTS
Activities Number Period Total Workload
Total Workload 0
Total Workload / 25 0.00
Credits ECTS 0
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