DİJİTAL HİZMET SUNUMUNA İLİŞKİN MESAFELİ SÖZLEŞMELERDE AYIPLI İFA

Abstract

The provision of digital services through distance contracts has fundamentally transformed the legal relationship between consumers and traders. Consumers enter into contractual relationships without the opportunity to inspect or test the subject matter of the contract beforehand, yet remain bound by its legal consequences. This has increased the need for effective legal mechanisms to protect consumers, particularly in cases of defective digital service performance. This study examines the consumer’s remedies and right to claim damages arising from the defective performance of digital services under Turkish consumer law. Considering the distinctive characteristics of digital services, it analyses the conditions for exercising these remedies, their legal consequences, and the scope of liability for damages. The research is conducted primarily within the framework of the Turkish Consumer Protection Law No. 6502 and the Turkish Code of Obligations No. 6098. It also adopts a comparative law approach by examining Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. In this context, the adequacy of the Turkish legal framework in addressing the specific legal and technical features of digital services is evaluated, and the principal legal issues encountered in practice are identified. The study concludes that the current legal framework requires further development to respond to the evolving digital economy and that harmonisation with Directive (EU) 2019/770 is necessary to strengthen consumer protection in Turkish law.