Legal qualification and liability of the electronic commerce intermediary service provider

With the rapid expansion of electronic commerce, the legal status and liability of intermediary service providers have gained increasing significance in both practice and legislation. This study examines, from a legal perspective, the concept of Electronic Commerce Intermediary Service Providers (ECISPs), particularly those operating within online marketplace platforms. Given their multifaceted operations—ranging from providing technological infrastructure and logistical support to ensuring transaction security—ECISPs face a broad range of legal obligations and responsibilities that extend far beyond traditional intermediation. The role of ECISPs, under both Turkish law and the legal framework of the European Union, has expanded to such an extent that they can no longer be regarded merely as technical intermediaries. Instead, they are increasingly considered within a complex legal architecture, potentially assuming the roles of fulfillment service providers, data processors, distributors, or even manufacturers in certain circumstances. This study analyzes the legal nature of ECISPs from the perspective of different branches of law, examining their obligations under contract law, tort law, and public law. It provides proposals for resolving legislative ambiguities and practical uncertainties, especially in light of the recent amendments introduced by Law No. 7416 and the subsequent secondary regulations. These reforms have imposed various duties on ECISPs, including obligations related to transparency, content control, record keeping, and cooperation with authorities—demonstrating that ECISPs are no longer passive intermediaries but active participants in the digital marketplace. In conclusion, the study establishes that the legal identity of ECISPs must be redefined, and their liability regimes must be structured in a clear, foreseeable manner that aligns with the evolving dynamics of digital commerce. Such legal clarity is essential not only for the protection of consumer rights but also for the sustainable and secure growth of electronic commerce.