According to the resolution of The Supreme Council for Science and Technology (BTYK) issued on August 25, 1997, the Electronic Commerce Coordinating Council (ETKK) was established under the coordination of the Undersecretariat for Foreign Trade and secretariat of the Scientific and Technical Research Council of Turkey (TÜBİTAK). The ETKK was ordered to look into current position of electronic commerce in Turkey and in the world, to evaluate the studies going on in Turkish private and public sectors, and afterward to make suggestions on needed regulatory and technical treatments and investment requirements in order to better adapt electronic commerce practices in every field of economic life.

The first meeting of the Council was held on February 16, 1998 on the agenda prepared by the Undersecretariat of Foreign Trade, in close cooperation with İGEME and BİLTEN. Three working group have been formed named as Technical, Legal and Financial Issues Working Groups to study above-mentioned subjects. İGEME is the member of each group and also has taken place in the Evaluation Committee, who is responsible for writing final reports to be submitted to the BTYK. The groups completed their first work period of February-May 1998 and a mid-term report was prepared and approved at the second meeting of ETKK on May 26, 1998.

This report was presented to the BTYK on June 2, 1998. The BTYK recommended that the ETKK widen its mission to prepare an action plan about its suggestions, evaluate results, propose new solutions for possible problems arising during implementation phase, and guide related organisations.

According to this report the ETKK has drawn a general framework emphasizing four priorites for government in order to flourish electronic commerce to its fullest extent in Turkey. These are;

• Establishing the necessary technical and administrative infrastructure
• Establishing the legal framework
• Taking necessary measures to promote electronic commerce
• Supplying harmonization of national policies and practices to those of international level

Furthermore according to this report, state intervention should be minimized because of the conduct of electronic commerce and its future growth is clearly within the purview of the private sector. But the rapid growth of electronic commerce urges government to take necessary steps to complete the insufficiencies in the technical infrastructure (i.e. telecommunications equipments, Internet infrastruture, computer devices, software etc.) and to closely monitor legal needs in order to make true responsive arrangements.

The Group worked on the nature and the possible points to be arranged within a possible electronic commerce legislation, and examined the current legislations pertaining to electronic commerce. Some areas were recommended to be studied by going into details. These are;

1-The recognition of the electronic records within the current legislations

2- At present the law in Turkey does not generally recognise forms of electronic signatures which can perform the functions of a handwritten signature. The Group advised the urgent need to study on a electronic signatures legislation.

3-The role of the Certification Authorities and how their natures could be in Turkey (public, private or mixed)

4- The implementation of a Public Key Authentication Framework or Infrastructure in Turkey

5- The legal responsibilities of service providers

6-To accelerate the approval of the draft law on the Protection of the Individual Data

7-Protection of the customers

8-Intellectual Property Rights

9-Assessment and collection of taxes on electronic commerce transactions

10-Adaptation of the customs clearance processes and transportation methods to the speed of the electronic transactions.

12-Following the studies of WTO regarding the delivery of the tangible goods in the electronic medium.

The report also emphasizes that new laws and policies may need to be developed, but only after careful consideration and when it is clear just where technology is leading and how it will be used.

Since January 2000, there occurred new developments in the activities and formation of the ETKK. The coordination and guidance of the former studies have been transferred to the General Coordinate of Electronic Commerce, which was formed in the Undersecretariat for Foreign Trade. Following a strict period of preparation, the ETKK has started its second term studies since April 2000.

In this new period, the main function of the ETKK is to make proposals to the Supreme Council for Science and Technology. In parallel to and within the context of this function;

• To determine short, medium and long term objectives in order to develop electronic commerce

• To continue its counselling mission in the period of preparing necessary national decisions in order to achieve these objectives

• To determine failures observed during implementation by probing technical, financial and regulatory aspects of electronic commerce with model implementations and projects and to make proposals to remove them

• To form working group to ensure coordination among the concerned institutions

• To follow closely international developments in order to set up a balance between the national interests and the world

are the clear preferences of the ETKK’s new work period. First event is the effort to establish a permanent structure for electronic commerce studies and implementations. There are a draft law and some proposals that are still being discussed. A new organisation type of the ETKK is supposed to be concluded in 2000.

Second activity is to restrict sub-commissions’ research to practical and profitable areas in order to produce and present technical, regulatory and administrative outcomes to be applied in a near future. The timing of studies and presentations have been designated. Accordingly, three sub-commissions and their work subjects can be indicated as below:

It should be stated that the members of the ETKK have designated the importance of establishing a secure and reliable legal framework among the main working areas as an immediate action step.