14 February 2022


The Regulation on the Amendment of the Regulation on Commercial Advertising and Unfair Commercial Practices (“Modification Regulation”) which brings certain amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices (“The Regulation”) was published in the Official Gazette dated 01.02.2022 and numbered 31737. With the Modification Regulation, along with the arrangements on the commercial advertisement contents, certain obligations for sellers, service providers and intermediary service providers, and establishment of a complaint platform for consumers have been introduced.

The Modification Regulation will enter into force on 01.03.2022.



Fundamental principles:
    • The ban on advertisements containing the expressions and images of patients relating to before and after treatment has been lifted.
Advertisements with price information:
    • Personalized price has been defined as “the price presented by analyzing the purchasing behavior and other personal data of the consumer regarding a good or service” and has been included in the scope of the legislation.
    • In the event that such price is offered to the consumer, the information regarding this matter, the current sales price and personalized price determined by the seller or supplier for that good or service shall be included in the same area.
Discounted sale advertisements:
    • Discounted sale advertisements must include the sale price before the discounted sale as well as the start and end dates of such discounted sale. The sales price before the discount shall be determined on the basis of the lowest price of the relevant good or service within 30 days before the discount date. The price of perishable goods such as fruits and vegetables before the discount will be continued to be determined on the basis of the previous price. The statement that the burden of proof regarding these matters are on the advertiser has been re- included in the amendments.
    • The provision stating that the burden of proof regarding goods or services subject to discounted sale are offered for sale at a lower price than the price before the discount is on the advertiser, has been repealed.
Advertisements for financial services:
    • Regarding advertisements in which it is stated that a good or service is offered for sale with a loan extension opportunity; in the area where the advertisement is published, or on a website or pop-up screen where consumers can be directed to get detailed information by means of a link or warning sign, the following information shall be presented to consumers:
      • The maturity of the loan,
      • Interest rate,
      • Percentage of the total cost to the consumer on monthly and annual basis, and
      • Repayment terms.
Goods or services subject to special regulations regarding advertising:
    • “Biocidal products” (such as sanitizers) have been added to products that are subject to special legislation and that must comply with the regulations regarding advertising and promotion in the relevant legislation.
Ranking practices:
    • In case of ranking by comparing the price, quality, and similar aspects of a good or service offered for sale on the internet; information regarding which criteria is taken into account in the establishment of the ranking shall be presented to consumers in the same area or in a way that can be easily seen on the pop-up screen where consumers can be directed and get detailed information with a link or warning sign.
    • It has been made mandatory to include the phrase "advertisement" in the ranking results displayed based on advertisements or sponsorships and similar agreements.
Consumer reviews:
    • Persons who can make reviews on the goods or services subject to online sale are limited to those who purchase the relevant goods or services.
    • The rules regarding the publication of the said reviews will need to be presented to the consumers’ information in the area where the reviews are published or on the pop-up screen where the consumers are directed with a link or warning sign.
    • Such reviews will be published with an objective criteria-based ranking for at least 1 year, and if they are not allowed to be published, the relevant consumer will be informed immediately.
    • The publication of reviews containing health claims against the legislation is prohibited.
    • In cases where the consumer aggrievement is resolved, this issue will need to be published in the same area as the initial assessment and without any delay.
    • It is prohibited to conclude contracts with real or legal persons to make inaccurate evaluations or to use expressions that approve goods or services in order to increase the sales of goods or services.
Practices regarding the publication of consumer complaints:
    • At least 72 hours before the reviews are published on the complaint platforms, the relevant vendors and service providers will be given the right to reply, and the reviews will not be published before this time, and the reviews will not be published if it is understood that they do not reflect the truth.
    • In addition to giving the seller and service providers the right to reply on the matter; it is envisaged to provide an effective communication method with vendors and service providers, independent of platform membership, charging and similar applications.
Deceptive business practices:
    • Before the amendments, increasing the sales price of the goods or services offered to the consumer without a justified reason by acting as if they were affected by input cost and increase in exchange rates although it was not the case, was considered as one of the examples of "unfair commercial practice", but this example has been removed with the Modification Regulation.
    • In this context, the following have been added to examples of unfair commercial practices:
      • By using a software that automates the purchasing process, purchasing event tickets outside of the determined limits and offering them for sale at higher prices to consumers,
      • To use methods such as guiding interface designs, options or expressions in e-commerce that negatively affect the will of the consumer or aim to cause changes in favor of the seller in the decision of the consumer which will be given under normal conditions
Preparation of guidelines:
    • Within the scope of the amendments introduced through the Modification Regulation, it was also stated that the guidelines on the protection of the consumer against commercial advertising and unfair commercial practices will be prepared by the Board of Advertisement and will be implemented together with the Regulation after they are published on the website of the Ministry of Commerce.



With the Modification Regulation, the scope of the regulations that serve the purpose of preventing consumers from being deceived by unfair commercial practices and advertisements has been expanded. In addition to the provisions regarding the seller and service provider in the Regulation; ranking practices, consumer reviews concerning intermediary service providers along with complaint platform and practices regarding the publication of consumer complaints were regulated with the Modification Regulation. Similarly, the publication of guidelines by the Advertisement Board was regulated for the first time. Moreover, additions have been made to the situations considered as examples of deceptive commercial practices. In summary, it is aimed to protect consumers more strictly, especially in these times that e-commerce practices have increased.