New Measures on Food Ordering Services in E-Commerce

These regulations have been prepared in consideration of recent public complaints and sectoral developments. They aim to enhance transparency within the e-commerce ecosystem, ensure that service fees are clear and predictable, balance the commercial relationship between the parties, and provide accurate information to consumers.

1. Measures Introduced

1.1 Transparency Obligation Regarding Service Fees

It has become mandatory for all fees collected from restaurants by electronic commerce marketplaces to be presented, on a disaggregated basis by service category, in a clear, comprehensible and unambiguous manner through each restaurant’s seller panel.

This measure aims to enable restaurants to monitor their cost components transparently and to make more informed commercial decisions. In addition, it is envisaged that consumers will be provided, at the order confirmation stage, with general information regarding the nature of the fees collected.

1.2 Prohibition of Additional Fees for Core Intermediary Services

The imposition of additional charges by electronic commerce marketplaces for services that are inherently required as part of the intermediation service, such as order transmission, payment processing and basic infrastructure, has been prohibited. In this context, the practice of treating participation in campaigns as a standalone fee component has been discontinued. Furthermore, it has been made mandatory that any additional services to be provided, together with the fees associated with such services, be disclosed to restaurants in a clear and transparent manner prior to the provision of those services.

1.3 Principles for Commission Calculation in Discounted Sales

The principles governing commission calculations in discounted and promotional sales have been simplified and clarified. Accordingly:

• Where the discount is borne solely by the restaurant, the commission shall be calculated based on the total amount paid by the consumer.
• Where the discount is jointly borne by the restaurant and the marketplace, the commission shall be calculated based on the amount determined by adding the portion of the discount covered by the marketplace to the amount paid by the consumer.

1.4 Voluntary Participation in Campaigns, Advertising and Additional Services

Participation of restaurants in campaigns, discounts, advertising, and similar practices has been made entirely voluntary. In this respect:

• Restaurants cannot be compelled to participate in such practices.
• No sanctions may be imposed on restaurants that choose not to participate.
• Restaurants are entitled to withdraw their consent at any time.

Aslı Kınsız, Managing Associate
Ece Koçlar, Trainee Lawyer