Turkey: Looking Back at the Legal Developments in 2024
2024 has been a year of notable legal developments, and as we reflect on the changes, we’ve highlighted the key updates in the fields of technology, data protection, advertising, and intellectual and industrial property:
- On January 10, 2024, Article 26 of the Industrial Property Law No. 6769 entered into force, transferring the power to revoke trademarks from the Intellectual Property Courts to the Turkish Patent and Trademark Office. (For details please see our article here.)
- On January 11, 2024, the Personal Data Protection Authority published the Guidelines on the Processing of Republic of Turkey Identity Numbers, offering detailed guidance on the legal framework surrounding the use of Turkish ID numbers across various sectors, including e-commerce, transportation, electronic communication, insurance, as well as services provided by public institutions and organizations.
- On March 12, 2024, the 8th Judicial Package came into effect following its publication in the Official Gazette, introducing significant amendments to the Personal Data Protection Law No. 6698. The changes made to the Personal Data Protection Law No. 6698 primarily focus on three key areas: (i) the conditions for processing special categories of personal data, (ii) the rules governing cross-border data transfers, and (iii) the appeal process and venue related to decisions of the Authority. (For details, please see our article here.)
- On June 2, 2024, the Law Amending the Capital Markets Law No. 6362 was published in the Official Gazette and entered into force, introducing comprehensive regulations on crypto assets and crypto trading platforms, including provisions on service providers, the custody of crypto assets, and the trading and transfer transactions carried out by Turkish residents on these platforms. (For details, please see our article here.)
- On July 10, 2024, the Regulation on the Procedures and Principles on Cross-Border Personal Data Transfers was published in the Official Gazette. The Regulation establishes the operational framework for the implementation of the international data transfer mechanisms outlined in the Personal Data Protection Law No. 6698. (For details, please see our article here.). On the same day, the Personal Data Protection Authority published four different modules of Standard Clauses: (i) from data controller to data controller (ii) from data controller to data processor (iii) from data processor to data processor and (iv) from data processor to data controller.
- On August 5, 2024, the Personal Data Protection Authority published the Information Note on the Personal Data Processing Condition Expressly Provided for by Laws further elaborating on the condition where processing is expressly foreseen under laws, emphasizing that the principle of data minimization should be followed, and only necessary data should be processed in this context.
- On October 25, 2024, the Personal Data Protection Authority published an announcement introducing the Standard Contract Notification Module, designed to streamline and enhance the efficiency of the process by which data controllers and data processors notify SCCs to the Authority.
- On October 30, 2024, the Law Amending the Consumer Protection Law and Other Laws was published in the Official Gazette, introducing significant changes regarding sanctions on advertisements and e-commerce license fees. (For details, please see our article here.)
- On October 30, 2024, the Regulation on Market Surveillance and Inspection of Products Made Available to the Market Through the Means of Electronic Communication Tools was published on the Official Gazette to enter into force on April 1, 2025. The Regulation sets forth (i)the main principles to be followed during placing products on the market, (ii) information required to be provided during the sales made through the remote communication tools and (iii) the obligations of market players. (For details, please see our article here.)
- On November 8, 2024, the Personal Data Protection Authority published the Information Note on Chatbots (the ChatGPT Example), which explores the functions of AI-powered chatbots, the personal data they process, and the key considerations for developing such applications.
- On December 23, 2024, the Communiqué on the Classification of Goods and Services for Trademark Applications was published in the Official Gazette and introduced significant updates to the classification of goods and services. (For details, please see our article here.)
A Closer Look at Agency Contracts Under Turkish Competition Rules
Under the Turkish Commercial Code No. 6102, an agent is defined as “the person who intermediates or directly concludes contracts concerning a commercial enterprise in a specific region or area, on a continuous basis”. Accordingly, agency contracts are legal relationships established by enterprises with independent businesses for the purpose of selling goods or providing services.
By its own nature, agency contracts tend to include restrictions for agents, in order for the principal enterprise to be able to protect its goods, services and/or brand. However, the question of whether the restrictions under the agency contracts fall under the Article 4 of Turkish Competition Law No. 4054, since it essentially prohibits agreements between enterprises that restrict or may restrict competition in a market, necessitates an evaluation based on whether agents bear commercial and financial risks, the scope of the maintenance and service obligations, and the impact of market economic conditions.
- The Risk Factor
Restrictions under the agency contracts generally do not fall within the scope of Article 4. On the other hand, a key factor in determining whether an agency contract falls within the scope of Article 4 is identifying whether the agent bears any commercial or financial risk. If the agent does not assume any financial or commercial risks in its activities carried out on behalf of the principal, this leads to the agency's activities being considered as part of the principal’s operations, thus falling outside the scope of Article 4. Moreover, the risks that an agent bears in order to perform its own agency operations are not considered as risks taken due to the relation between the agent and the principal.
In contrast, if an agency contract includes conditions where the agent incurs costs related to the purchase or sale of goods or services, is responsible for after-sales services or assumes financial risks such as stock financing; the contract is considered to have a competition-restricting nature and is evaluated to fall under Article 4.
- Maintenance and Service Obligations of the Agents
Maintenance and service obligations are commonly encountered in agency contracts. The Guidelines on Vertical Agreements, published by the Turkish Competition Authority, indicate that if an agent is required to provide maintenance, repair, or warranty services, this will result in addressing the relationship between the parties of the agency contract under the Article 4.
The reason for this assessment is that taking on the obligation to provide after-sale services demonstrates that the agent has exceeded its role as an intermediary and is acting like a direct service provider, which implies that the agent assumes significant financial and commercial risks.
Similarly, in the Competition Board decision numbered K. 23-60/1160-415 and dated 21 December 2023, it was stated that “where authorized service providers are held financially liable for damages arising from maintenance and repair services and are required to arrange insurance policies, such an obligation goes beyond the traditional intermediary role of an agent. Instead, it is evaluated that this implies the agent is directly providing the service and assuming financial responsibility for its outcomes”. As a result, the agency contract was deemed to fall within the scope of Article 4.
- Non-Compete Obligation and its Market Closure Effect
In order to prevent unfair competition, the principals foresee non-compete obligations for agents under the agency contracts. On the other hand, non-competition obligations relate to inter-brand competition and may have an anticompetitive effect if they have a closing effect in the relevant market in which the goods or services subject to the agency contract are sold. For example, it is accepted that the market closure effect increases with the duration of the non-compete obligation; however, agency contracts must be evaluated case-by-case to duly assess this effect. Therefore, while determining the anticompetitive effects of a non-competition obligation on the market, factors such as the market position of the supplier and competitors, the scope and duration of the non-competition obligation, the market position of the buyer and barriers to entry should be considered.
- Conclusion
When evaluating the competition-restricting nature of agency contracts under Turkish Competition Law, the key consideration is whether the agent bears any financial and commercial risks. In this context, maintenance and service obligations should be carefully examined, particularly when the agency activities exceed traditional intermediary roles. In cases where non-compete obligations are present, the potential market closure effect must be evaluated. Ultimately, agency contracts should be assessed on a case-by-case basis, considering the obligations and commercial risks involved, and interpreted in alignment with the fundamental principles of competition law to determine whether they fall under the scope of Article 4.
Authors: Hatice Ekici Tağa, C. Sümeyye Uçar, Burcu Çirkinceli
Major Update to Turkish (Nice) Classifications After Eight Years
Today, the Communiqué on the Classification of Goods and Services for Trademark Applications, published in the Official Gazette and introduced significant updates to the classification of goods and services. With this new Communiqué, the previous regulation has been repealed, and the updated classification system is now in effect.
The key amendments to the Communiqué are below:
▶️ Class 9: Now includes mobile applications, cryptocurrencies (software), non-fungible tokens (Qualified Intellectual Property Deeds), and humanoid robots with artificial intelligence, laboratory robots, teaching robots, security surveillance robots.
▶️ Class 35: Design services for promotional purposes have been excluded.
▶️ Class 37: Now includes services regarding charging electric vehicles and rental of portable charging stations for electric vehicles.
▶️ Class 38: The communication services are now detailed to cover the services via telephone, computer, and other means; transmission of visual and audio messages, images, and videos via computers, mobile phones, and smart wearable devices; rental of user access time to a global computer network; internet service provider (ISP) services; and rental of communication devices.
▶️ Class 39: Now includes travel arrangement and transfer services for patients and their companions as part of medical tourism, as well as services for arranging travel visas and documents.
▶️ Class 42: Now includes inspection/expertise services for land vehicles and consultancy services in the field of computer hardware.
▶️ Class 43: Now includes accommodation and accommodation reservation services for patients and their companions as part of medical tourism.
▶️ Class 44: Now includes dentistry services, services of a psychologist, massage services, and spa (thermal water) services.
Much-needed amendments to the trademark classification system reflect a shift towards an approach that aligns with new technologies, as well as the emerging services in Turkey, such as health tourism.
Can Reputation be Compensated under Turkish Trademark Law?
Trademarks are considered to be among the most valuable assets for a business. However, trademark reputation is often harmed by counterfeit products, improper use, and malicious commercial practices. As a remedy for such damage, Turkish law has in place a mechanism for reputational compensation: Article 150/2 of the Industrial Property Law No. 6769 (the “IPL”) governs claims for damages arising from the loss of reputation, allowing trademark owners to seek compensation independently of material or moral damages.
- Damage to Trademark Reputation and Its Scope
Trademark reputation refers to the positive perceptions formed in the minds of consumers about a trademark. This perception enhances the trademark’s reliability and appeal, thereby supporting its commercial success. However, this reputation, often built through substantial investments over many years, can be easily damaged. Such harm can unfairly undermine the trust of consumers in the trademark by tarnishing the image attached to it. In this context, compensation for the loss of a trademark's reputation includes not only material damages but also the moral damages resulting from harm to the positive image associated with the trademark.
Indeed, the Supreme Court defines reputational compensation as a type of compensation distinct from material and moral damages yet incorporating elements of both, stating: “The concept of trademark reputation refers to the image created through the trademark, as building and maintaining both image and trust involves significant costs. Reputational damage, therefore, arises from the harm caused to this constructed or ongoing image. In determining compensation for reputational damage, the expenses incurred in building and maintaining this image (such as advertising campaigns) should be considered to assess the cost of rectifying the damage, along with the moral impact of the loss of reputation” (11th Civil Chamber decision, dated 05.05.2016 and numbered F. 2015/8175, D. 2016/5114).
- Conditions for Claiming Reputational Compensation
Since trademark infringement constitutes a tort, all the elements of tort liability (unlawful act, fault, damage and causal link) must be satisfied in order to claim reputational compensation under Article 150/2 of the IPL. Accordingly, the following conditions must be met:
Unlawful Act: The claimant must prove that the infringer acted unlawfully by:
- Using the claimant’s trademark on products or services in a detrimental manner, or
- Manufacturing products or providing services under the claimant’s trademark in a harmful way, or
- Acquiring products or services bearing the claimant’s trademark that were created or supplied in the abovementioned manner, or
- Supplying the products or services under the claimant’s trademark to the market in an inappropriate way.
Examples of actions that harm the reputation of the trademark include using the trademark on defective or low-quality products or services or offering them at a price so low that it undermines the trademark's reputation. In a decision by the Supreme Court, the unauthorized use of the registered “Hello Kitty” trademark on pendants, earrings, and rings, with significant differences in appearance, shape, characteristics, color, and design, was deemed as improper and inappropriate use (11th Civil Chamber decision, dated 02.07.2024 and numbered F. 2023/3429, D. 2024/5427).
On the other hand, improper use or release of goods or services bearing the original trademark is outside the scope of this provision.
Damage and Fault: For this condition to be met (i) damage to the trademark's reputation must result from its economic use through unlawful acts constituting infringement; and (ii) the person committing the infringement must be at fault.
In this context, personal use that falls under inappropriate or improper use does not give rise to reputational compensation. For instance, installing LPG on a high-end car cannot be subject to reputational compensation, as the trademark owner's rights over the mark have been exhausted. This principle is clearly stated in a decision by the Supreme Court, which mentions that reputational compensation is directly linked to the damage inflicted on the trademark's reputation (11th Civil Chamber decision, dated 11.05.2009 and numbered F. 2008/1536, D. 2009/5629).
With respect to fault, the degree of fault (intent or negligence) is irrelevant for claiming such compensation, although it plays a crucial role in determining the amount of compensation.
Casual Link: Trademark reputation must be damaged as a result of a wrongful act that constitutes an infringement.
Subjects of the Claim: Generally, those that may be subject to reputational compensation claim include infringers involved in the production of the goods and those responsible for their sale or distribution. However, the claim may not always have to be directed at third parties, as licensees who are in a legal relationship with the trademark owner under a licensing agreement may also cause damage to the trademark's reputation.
In addition to these conditions, the question of whether a trademark must be well-known to claim reputational compensation remains a matter of debate in the doctrine. However, since trademark infringement without altering the standards of the original trademark is exceptionally rare, it is likely that reputational compensation could be granted in nearly all cases of infringement under the current legal framework. Therefore, the argument that a trademark does not need to be well-known to claim reputational compensation seems both reasonable and legally justifiable.
Ultimately, although some Supreme Court decisions tend to regard damage to a trademark's image solely as grounds for moral compensation, reputational compensation is neither intended to cover actual damages or lost profits nor to remedy the trademark owner's loss of image or reputation. On the contrary, it specifically addresses the loss of trust and reputation suffered by the trademark itself and thus, may be claimed as a distinct category of compensation.
Authors: Hatice Ekici Tağa, Sümeyye Uçar, Burcu Çirkinceli
Exploring the Liability Maze: Generative AI and the Challenges of Content Moderation
Artificial intelligence (AI) systems, especially generative tools like ChatGPT, have revolutionized content creation. But with great power comes great responsibility. What happens when an AI, prompted by a user, generates something controversial, defamatory, or outright illegal? The legal and ethical dilemmas surrounding such content are both controversial and interesting to contemplate. Although the definite answer of “who should bear the responsibility, the user who prompts the content or the company that built the system?” is subject to change in the upcoming years, we have tried to demonstrate the basics of the responsibility regime regarding the status of the prompted content in Turkey.
Although Turkey does not have any AI-specific legislation for now, the general rules regarding content shared on the internet is regulated under the Law No. 5651 Law on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts (“Internet Law”). Accordingly, the Internet Law establishes a liability regime for (i) access providers, (ii) hosting providers, (iii) content providers and (iv) social network providers, while refraining from addressing any AI-generated content. Thus, a necessity arises to determine the relevant liability regime regarding the AI-generated content under predefined categories under the Internet Law.
In this regard, access providers, namely the internet service providers licensed by the Information and Communication Technologies Authority (“ICTA”), do not have any obligations regarding the substance of the content shared online, but only bears responsibility for blocking access based on the decisions of the relevant authorities. Moreover, social network providers, who provide platforms for users to create, view or share textual, visual or audio for the purpose of social interaction, are directly liable for the offenses committed through a user, i.e. content provider, on its platform, if such social network provider has been notified of the unlawful content and has not removed it within 4 hours at the latest from the notification of the content.
As the definitions of access providers and social network providers do not align with the platforms that provide generative AI systems (“GenAI”), hosting providers and content providers become relevant to determine the relevant liability regime under the Internet Law. Accordingly, hosting providers, who offer or operate systems that host services or content, are immune from checking the content on their platforms or to investigate whether there is an illegal activity. Whereas, content providers, who create, amend or provide all kinds of information or data presented to users on the internet, are responsible for all content that they have made available on the internet.
The dilemma arises while determining the party who is responsible for the content generated by GenAI, i.e. the platform itself or the user inputting the prompt. Based on the definitions of hosting provider and content provider, GenAI platforms seem to fall within the scope of definition of content providers, since they actually create, amend or provide an output based on the online content accessible by them. On the other hand, holding GenAI platforms liable for the content created by GenAI, where the output of GenAI is actually dependent on the input of the user, seems onerous. Whereas, classifying GenAI platforms as hosting provider also does not align with the nature of the GenAI, as such systems generate and provide content with creative and productive elements based on online content accessible to them, going beyond the role of a hosting provider in the classical sense due to their direct contribution to the content.
Another point of view might be that since GenAI only produces a certain kind of content without a personal input, limited to the deduction of certain sources and the input provided by the user, they cannot be classified as a content provider. However, in order to be classified as hosting provider and held unaccountable, the internal content moderation policies of GenAI platforms must also reflect both global and local sensitivities with regards to the online content. In this regard, the approach embodied regarding the liability of social network providers under the Internet Law may shed light on how GenAI platforms may be held liable with regards to the content created based on user prompts. To clarify, a liability regime could operate through a dual mechanism, where the user, acting as the content provider, would bear responsibility for their prompt; while the GenAI platform, serving as the hosting provider, would be accountable for inadequate moderation of inputs that breach established guidelines or regulations. This approach would balance user accountability with platform oversight, promoting lawful use of GenAI.
As a result, it is concluded that due to the nature of GenAI, where they continuously produce new content rather than presenting static content, a grey area appears with the dual role of such systems as both a content and a hosting provider, which is too complex to be confined to the usual liability mechanisms consisting of customary definitions of content and hosting providers. Therefore, there is a pressing necessity to regulate AI to address these complexities and adapt to its rapid development.
Authors: Burak Özdağıstanli, Begüm Alara Şahinkaya, Hatice Sahranç
Responsible Advertising: Legal Protections for Children in Turkey
The primary legal framework governing advertisements in Turkey is comprised of two key pieces of legislation: (i) the Consumer Protection Law No. 6502 ("CPL") and (ii) the Regulation on Commercial Advertisements and Unfair Commercial Practices ("Regulation"). Accordingly, in addition to complying with the rules set out in the CPL and Regulation, advertisements that are targeted at children or that are accessible to children are further subject to stricter rules as the aim is to create legal safeguards for children.
The CPL, as the main legislation which aims to take measures to protect the health, safety and economic interests of consumers in accordance with the public interest, sets forth a general principle targeting the advertising practices of advertisers by prohibiting any engagement in commercial advertising that is misleading to consumers or exploits their lack of experience and knowledge. In this regard, commercial advertisements shall not exploit disadvantages groups, including children, disabled persons and elderly.
In addition to the general principle set forth under the CPL, the Regulation stipulates comprehensive guidelines for the content of advertisements directed at children. In accordance with Article 24 of the Regulation, the following principles shall apply to advertisements directed to children or likely to affect children, as well as advertisements starring children:
- It is prohibited to promote content or images that could have a negative impact on the physical, mental, moral, psychological or social development of children.
- Elements that could foster unrealistic expectations in children or blur the lines between reality and fiction shall not be used in advertising directed at children.
- In advertising directed at children, elements that encourage the belief that possessing a particular product will bring physical, psychological or social superiority among peers, or conversely, that not possessing the product will have the opposite effect, are prohibited.
- It is prohibited to promote content or images that could endanger children or encourage them to contact strangers or visit dangerous locations.
- It is prohibited to promote violent elements that children may imitate.
- It is prohibited to show children using or playing with tools, equipment or objects that may pose a danger to themselves or their environment.
- It is prohibited to use elements that distort, change or denigrate cultural, moral or positive social behaviors.
- It is prohibited to promote content or images that abuse the trust that children have in their parents, teachers and other adults.
- The use of elements that would weaken or distort the authority and responsibilities of parents or teachers is prohibited.
- The sentiments expressed by parents towards their children, including feelings of love, affection and compassion must not be exploited.
- It is prohibited to directly encourage children to purchase advertised products or to persuade their parents or other adults to purchase such products.
- Claims that imply that children should sign contracts to purchase the goods or services in question are not permitted.
- Statements such as "affordable for any family" are prohibited.
- Words such as "only" shall not be used next to the price of the advertised good or service to suggest falsely that the good or service is inexpensive.
- Advertisements should not underestimate the skills required to use the advertised product or service.
- If additional goods or services are required to use the advertised good or service effectively or to achieve the results advertised, this should be stated.
- In the case of goods or services that pose a risk to the health of children and the environment, symbols and warnings shall be used to indicate that the necessary measures should be taken to prevent such risks.
- Advertisements for distance contracts shall not include an invitation to purchase for children.
In addition to the aforementioned principles, Article 24/A of the Regulation sets out principles regarding advertisements for foods that are not recommended for children. Accordingly, advertisements for red-listed foods and beverages that are not recommended for excessive consumption shall not be permitted in media directed exclusively at children. Such products shall be advertised in other mediums with written or verbal warnings encouraging a regular and balanced diet.
With respect to the implementation of the advertising rules embodied under the CPL and the Regulation, the Advertisement Board ("Board") is the authorized body responsible for imposing sanctions on advertisers, advertising agencies and media organizations that fail to comply with the principles related to advertisements. One of the most controversial decisions of the Board was rendered on the basis of protection of children, where the Board decided that the promotion and sale of products such as beach towels, t-shirts, sweatshirts, coffee mugs, phone cases containing the expressions “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love” and rainbow themes on e-commerce websites without a “+18” age warning, is in violation of the Regulation. Accordingly, the reasoning of the decisions of Board with no. 2020/1119, 2020/1120, 2020/1121, 2020/1122, was that such content negatively affects the physical, mental, moral and psychological development of children and young people. In this regard, the Board ordered the halting of such advertisements.
In light of the above, it seems fair to conclude that Turkey's legal framework for the regulation of advertisements aimed at children is designed with the intention of safeguarding their physical, mental and social well-being. By incorporating rigorous principles in both the CPL and the Regulation, the legislation aims to ensure that advertisers adhere to ethical standards that protect vulnerable audiences.
Authors: Hatice Ekici Tağa, Begüm Alara Şahinkaya, Ceren Elyıldırım
Specialized Product Safety Rules for E-Commerce
The Regulation on Market Surveillance and Inspection of Products Made Available to the Market Through the Means of Electronic Communication Tools (“Regulation”) was published on the Official Gazette on October 30, 2024 to enter into force on April 1, 2025.
The Regulation covers all products made available or kept on the market by means of remote communication tools, which is defined as “any means or media such as letter, catalog, telephone, fax, radio, television, electronic mail message, text message, internet, which allows the establishment of a contract without physical confrontation”. Accordingly, the Regulation sets forth (i) the main principles to be followed during placing products on the market, (ii) information required to be provided during the sales made through the remote communication tools and (iii) the obligations of market players.
- The Main Principles to be Followed During Placing Products on the Market
As a general principle, the Regulation requires products to be placed on the market to comply with the relevant technical regulations or the General Product Safety Regulation (“PS Regulation”). Accordingly, products offered for sale by the economic operators through remote communication tools, including products such as promotions for the realization of the sale, are deemed to be placed on the market if the sale is targeted at end-users residing in Turkey.
In this regard, the Regulation designates the following conditions, where economic operators who fulfill at least one of the conditions will be deemed to direct their activities to Turkey and target end users in Turkey:
- Providing Turkish language option,
- Having the option to display the prices in TRY,
- Accepting payment in TRY,
- Including the option to make deliveries to Turkey,
- Physical delivery to consumers and end users in Turkey,
- Registration of the domain name in geographical areas where shipment to Turkey is possible.
In addition to compliance with the relevant technical regulations and the PSR, the Regulation also requires that an economic operator to be established in Turkey in order for a product within the scope of the legislation included in the list published on the website of the Ministry of Trade (“Ministry”) to be placed on the market through remote communication tools. Accordingly, such economic operators include the following respectively:
- The manufacturer residing in Turkey,
- If the manufacturer is not residing in Turkey, the importer,
- The authorized representative residing in Turkey and appointed in writing by the manufacturer,
- If there is no economic operator residing in Turkey, the performance service provider residing in Turkey.
- Information to be Provided During the Sales Made by Means of Remote Communication Tools
The Regulation sets out the information required to be provided during the sales made through the electronic communication tools. Accordingly, economic operators, as defined as “manufacturer, authorized representative, importer, distributor or other natural or legal persons who are responsible for the manufacture, placing on the market or putting into service of products under the relevant technical regulation” are obliged to include the following information in the sales announcement in a way that is easily visible and clearly legible.
- The economic operator’s name and registered commercial title, postal address and e-mail address,
- The manufacturer’s name, registered commercial title or trademark and postal address and e-mail address, where the manufacturer is residing in Turkey,
- If the manufacturer is not residing in Turkey, the importer’s name, registered commercial title, the postal address and e-mail address,
- If the manufacturer nor importer are residing in Turkey, the name, registered commercial title, the postal address and e-mail address of the authorized representative residing in Turkey appointed in writing by the manufacturer for the products covered by the legislation included in the list published on the website of the Ministry,
- If there is no authorized representative residing in Turkey, the name, registered commercial title, the postal address and e-mail address of the performance service provider residing in Turkey for the products covered by the legislation included in the list published on the website of the Ministry,
- Warning and safety information in Turkish and signs of conformity specified in the technical regulations that must be attached to the product or product packaging or documents accompanying the product,
- All information enabling the description of the product, including a photograph of the product, its type and other information to identify the product.
- Obligations of Market Players
In addition to the novel obligations of the economic operators, the Regulation underlines that the general obligations of economic operators under the Law No.7223 on Product Safety and Technical Regulations (“PSL”), PS Regulation and the Framework Regulation on Market Surveillance and Inspection of Products (“Framework Regulation”) are also applicable to products placed or kept on the market through remote communication tools. In this regard, the Regulation (i) authorized representatives, (ii) performance service providers and (iii) intermediary service providers.
- Obligations of Authorized Representatives
The Regulation provides a definition for authorized representatives, where the authorized representatives must be (i) a natural or legal person residing in Turkey and (ii) appointed in writing by the manufacturer to fulfil on its behalf certain obligations of the manufacturer under the PSL, the Framework Regulation, the Regulation and other relevant legislation.
The Regulation requires authorized representatives to affix their (i) name, (ii) registered commercial title or trademark, and (iii) contact information including their portal address on the products that are within the scope of the legislation included in the list published on the website of the Ministry, in an indelible form that is easily visible, clearly legible and does not mislead the end user. Where it is not possible to affix such information on the products, then they must be affixed to the packaging of the product or in a document accompanying the product.
- Obligations of Performance Service Providers
The Regulation defines performance service providers as a natural or legal person who offers at least two of the storage, packaging, addressing and transport services without taking ownership of the product during its commercial activities. It should be noted that the definition excludes postal services, parcel or dispatch services, other postal services or freight forwarding services. The Regulation further states that performance service providers are considered as distributors and they are held responsible for the distributors’ obligations under the relevant technical regulation, unless their activities affect the safety of the product, and they are defined as a manufacturer, importer or authorized representative under relevant legislation.
In this regard, the Regulation stipulates that a performance service provider will be considered as a manufacturer and held responsible for the manufacturer's obligations under the relevant technical regulations; if a performance service provider takes one of the following actions:
- Affixes its own name and trademark on the product or
- Modifies the product in a way that affects its conformity with the requirements of the relevant technical regulations or
- Affect the safety of the product by its activities, it is considered to be the manufacturer and is held responsible for the manufacturer's obligations under the relevant technical regulations.
The Regulation further foresees the following obligations for performance service providers regarding the products that are within the scope of the legislation included in the list published on the website of the Ministry, in the absence of a manufacturer, importer or authorized representative resident in Turkey:
- Affix their (i) name, (ii) registered commercial title or trademark, and (iii) contact information including their portal address on the products in an indelible form that is easily visible, clearly legible and does not mislead the end user, (where it is not possible to affix such information on the products, they must be affixed to the packaging of the product or in a document accompanying the product),
- Where required the relevant technical regulations, (i) confirm that the declaration of conformity or declaration of performance and the technical file have been, (ii) maintain the declaration of conformity or declaration of performance to be submitted to the competent authority for the period specified in the relevant technical regulation and (iii) submit the technical file to the competent authority upon request of the competent authorities,
- Provide all necessary information and documents showing the conformity of the product to the competent authority in Turkish or in another language acceptable to the competent authority in line with the request of the competent authority, it provides all necessary information and documents showing the conformity of the product to the competent authority in Turkish or in another language acceptable to the competent authority.
- Inform the competent authority in cases where it learns or should have known that the product carries a risk,
- In case of nonconformity, cooperate with the competent authority based on the request of the competent authority to take the necessary corrective action immediately to eliminate the nonconformity.
- Cooperate with the competent authority upon the request of the competent authority or spontaneously to eliminate the risk carried by the product, in cases where it learns or should have known that the product carries a risk and if it is not possible to eliminate the nonconformity.
- Obligations of Intermediary Service Providers
The Regulation sets forth that intermediary service providers are real or legal persons who provide electronic commerce environment for the economic and commercial activities of others. Accordingly, intermediary service providers are considered to be an economic operator if they are also the manufacturer, importer, authorized representative, distributor or performance service provider of a product, in addition to providing an electronic commerce environment for the sale of such product.
Furthermore, the Regulation stipulates the several obligations on intermediary service providers related to content removals. In this regard, intermediary service providers are obliged to fulfill the content removal and other requests from competent authorities within 24 hours and immediately inform the relevant authority about the outcome of the procedures carried out. If the content is not removed within 24 hours or if it is detected that the same product is again in the systems despite the removal of the content within 24 hours, the competent authorities may decide to block access to the content related to the non-conforming product and notify this decision to the Information and Communication Technologies Authority for implementation. Moreover, in cases where intermediary service providers become aware of a nonconformity of a product available on the market, they must take steps to remove or prevent access to the content of the product in the electronic commerce environment immediately and inform the competent authority. The competent authorities may also request intermediary service providers to prevent the infringing content from appearing on their online interfaces in the future.
In addition to those above, intermediary service providers must also fulfil the following obligations:
- Design the online interface in such a way that economic operators can provide the necessary information to be included in the sales announcement and that end-users can easily access this information,
- Determine a product safety contact point to meet the requests from competent authorities and to ensure that end-users are able to contact them directly and quickly in matters related to product safety,
- Notify the contact information of the product safety contact point to the competent authorities and ensure that end-users can easily access the product safety contact point through its online interface,
- In case of a recall of products, convey the information in the announcement made by the economic operator regarding the recall to all end-users who have purchased the products through their online interface via e-mail message without delay and publish the same information through their online interface,
- Keep a regular record of the name, registered commercial title or trademark and contact information of the previous and, if any, the next economic operator in the supply chain and other information that will facilitate the tracking of the product and keep such records for at least 10 years from the date the product is placed on the market through its online interface or placed on the market and submit them upon request of the competent authority.
Authors: Hatice Ekici Tağa, Begüm Alara Şahinkaya, Ceren Elyıldırım
Novel Amendments on Consumer Protection and E-Commerce Legislations
On October 30, 2024, the Law Amending the Consumer Protection Law and Other Laws (“Amending Law”) was published on the Official Gazette, introducing significant changes regarding sanctions on advertisements and e-commerce license fees. Accordingly, the key points of the amendments are detailed below.
1. Amendments on the Consumer Protection Law No. 6502
- Expansion of the Scope of Distance Sales. As of October 30, 2024, (i) consumer credit agreements and (ii) housing financing agreements may now be executed remotely as distance contracts, in addition to in-person contracts.
- Introduction of Novel Rules on Direct Sales Systems. The Amending Law introduced detailed novel rules concerning direct sales systems, which are defined as a system in which direct sellers, who are not employed by a direct sales company under an employment contract, market goods or services to consumers, by operating under the names of independent representatives, distributors, consultants and similar names in return for benefits such as commissions, premiums, incentives and rewards. Accordingly, as of July 30, 2025, the Amending Law foresees the following rules on direct sales systems:
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- Direct sales companies must be established as a capital company and meet specific regulatory requirements, namely, the secondary legislation.
- Direct sales systems’ income should not be established on the basis of bringing new direct sellers into the system and distributing the benefits arising therefrom; but rather focus on the sale of goods or services to consumers and must comply with other principles determined by secondary legislation.
- It is prohibited to receive any fees or debt-incurring documents under the names of renewal, package, fee, dues and others that do not include the goods/services foreseen to be sold to the consumer in order for direct sellers to be included/remained in the system.
- The purchase of goods/services in the quantity or amount determined by the direct sales company shall not determine the level of the direct seller within the system.
- Consumers are granted the right to withdraw from products/services purchased through direct sales within 30 days without providing any reason or paying a penalty fee.
- Direct sales companies are obliged to establish systems to inform consumers about their rights and obligations and to enable them to forward their requests and notifications.
In addition to those above, the Amending Law underlines that (i) the rights and obligations of direct sales companies, direct sellers and consumers, (ii) the scope of such contracts, (iii) the issues related to the sale of goods or services, (iv) details on the right of withdrawal, information obligation and delivery and (v) other implementation procedures and principles shall be determined by a secondary legislation.
Lastly, new additional provisions are included in the legislation (i) to regulate the administrative fines for those who violate the above-mentioned rules related to the direct sales system, and (ii) to set out that Turkish Criminal Code shall apply to those who initiate, organize or disseminate a pyramid sales system or who support the dissemination of such system for commercial purposes.
- Increased Administrative Fines for Advertising Practices. Depending on the nature of the violation, the Advertisement Board has the authority to impose administrative fines to the advertisers, advertising agencies and media organizations, for violating the advertising rules determined under Consumer Protection Law No. 6502. The Amending Law introduces minimum-maximum limits for the following administrative fines, as opposed to fixed fine amounts, which are regulated to be in effect as of July 30, 2025:
| Advertising Channels | Current Administrative Fines | Administrative Fines
as of July 30, 2025 |
| Advertisements made through television channels broadcasting at local level | TRY 109.988
(approx. EUR 2949) |
TRY 110.000 – 1.100.000
(approx. EUR 2949 – 29,496) |
| Advertisements made through nationwide television channels | TRY 2.200.258
(approx. EUR 58,999) |
TRY 2.210.000 – 22.100.000
(approx. EUR 59,261 – 592,611) |
| Advertisements made through periodicals | TRY 54.994
(approx. EUR 1474) or TRY 1.100.129 (approx. EUR 29,499) |
TRY 55.000 – 550.000
(approx. EUR 1474 – 14,748) or TRY 1.105.000 – 11.050.00 (approx. EUR 29,630 – 296,305) |
| Advertisements made through a radio channel broadcasting locally or via satellite | TRY 54.987
(approx. EUR 1474) |
TRY 60.000 – 600.000
(approx. EUR 1608 – 16,089) |
| Advertisements made through radio channels broadcasting throughout the country | TRY 550.059
(approx. EUR 14,749) |
TRY 600.000 – 6.000.000
(approx. EUR 16,089 – 160,890) |
| Advertisements made through satellite television channels or internet | TRY 550.059
(approx. EUR 14,749) |
TRY 600.000 – 6.000.000
(approx. EUR 16,089 – 160,890) |
| Advertisements made through text messages | TRY 275.012
(approx. EUR 7374) |
TRY 280.000 – 2.800.000
(approx. EUR 7508 – 75,082) |
| Advertisements made through other channels | TRY 54.987
(approx. EUR 1474) |
TRY 60.000 – 600.000
(approx. EUR 1608 – 16,089) |
One important note is that with the amendments, it is now have been clarified in the legislation that while imposing the administrative fines the Advertisement Board will take into account factors such as the degree of unfairness involved in the violation, the benefit gained or the extent of harm caused, as well as the violator’s liability and economic situation.
In addition, the administrative fines to be applied in the event of a practice that constitutes unfair commercial practice (such as dark patterns), were changed from TRY 54.987 (approx. EUR 1474) to TRY 60.000 up to TRY 600.000 (approx. EUR 1608 up to 16,089). Administrative fines for unfair commercial practices occurring country-wide were changed from TRY 550.059 (approx. EUR 14,749) to TRY 600.000 up to TRY 6.000.000 (approx. EUR 16,089 up to 160,890).
2. Amendments on the Law No. 6563 on the Regulation of Electronic Commerce
The Amending Law has introduced the following novel criteria for the determination of e-commerce license fee within the scope of Law No. 6563 on the Regulation of Electronic Commerce (“E-Commerce Law”):
a. Sales made by electronic commerce intermediary service providers (“ISP”) to foreign markets will not be taken into account while calculating the license fee (this criterion was regulated before).
b. Provided that the net transaction volume of ISP is not more than 20% of the sum of the net transaction volumes of the ISP and electronic commerce service providers, which is calculated using ETBIS data (in the determination of such threshold, overruns below 15% shall not be taken into account):
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- Twice the amount of the foreign market sales in the following calendar year shall be deducted from the net transaction volume for that calendar year.
- Twice the amount of investment expenditure realized by obtaining an investment incentive certificate from the Ministry of Industry and Technology, in accordance with the legislation on supporting investments on a project basis, shall be deducted from the net transaction volume for that calendar year.
The Amending Law further establishes discounts in the calculation of license fees for the years 2024 and 2025, where the four times (for 2024) and five times (for 2025) the amounts aforementioned under Criteria (b) are deducted from the net transaction volume of the ISP.
Authors: Hatice Ekici Tağa, C. Sümeyye Uçar, Begüm Alara Şahinkaya, Ceren Elyıldırım, Hatice Sahranç
