Published in the Official Gazette dated 12 October 2025, the Communiqué on the Designation of Nitrate-Sensitive Areas, Environmentally Friendly Agricultural Practices, and the Implementation, Monitoring and Reporting of the Nitrate Action Plan (Communiqué No: 2025/17) introduces a comprehensive new framework to prevent nitrate pollution in waters arising from agricultural activities.

Purpose and Scope

The Communiqué aims to regulate the processes for identifying nitrate-sensitive areas, defining the principles of environmentally friendly agricultural practices, and preparing, implementing, monitoring, and reporting the Nitrate Action Plan. Its scope covers both administrative and technical aspects, including area designation, farm inspections, fertilizer management, and sustainable agricultural production practices.

Definitions and Conceptual Framework

The Communiqué includes an extensive set of definitions. Key terms include Environmentally Friendly Agricultural Practices (Annex-1), Certificate of Compliance for Environmentally Friendly Agricultural Practices, NİBİS (National Nitrate Information System), Nitrate Action Plan, Nitrate-Sensitive Area/Zone, and Manure Management Plan. These definitions establish the administrative and technical foundation for subsequent obligations.

Designation of Nitrate-Sensitive Areas

Nitrate-sensitive areas are designated through the combined assessment of hydrogeological and hydrological sensitivity, nitrogen pollution load, and agricultural pollution monitoring data. Nitrogen loads from crop production and livestock are calculated separately on a settlement basis (kg N/ha and total kg N) using the coefficients in Annex-5. The Ministry determines sensitive areas at the village/neighbourhood level, updates the list every four years, and publishes updates on its official website.

Environmentally Friendly Agricultural Practices

These practices include rules regarding land management, nutrient and irrigation management, manure management, plant protection products, and farm record-keeping. They are mandatory in nitrate-sensitive areas and voluntary in non-sensitive areas under the Nitrate Action Plan (subject to certain exceptions).

Nitrate Action Plan

The Nitrate Action Plan is prepared in line with the measures set out in Annex-7 and is mandatory in nitrate-sensitive areas. In non-sensitive areas, enterprises producing 3,500 kg or more of nitrogen per year are also subject to mandatory manure management provisions. The Plan is monitored and updated every four years and published on the Ministry’s website.

Monitoring and Inspection

Monitoring is carried out under two programs: the Water Pollution Monitoring Program and the Farm Monitoring Program. Farm monitoring results are recorded in NİBİS, and annual and four-year reports are prepared. At least 1% of farms are inspected each year at the district level. Enterprises found to be compliant may be issued a Certificate of Compliance, while those failing to remedy non-compliance within six months will have their certificates revoked.

Animal Manure Management

Enterprises producing 1,600 kg or more of nitrogen per year are required to have an environmentally friendly manure storage facility. The storage requirement also applies to capacity expansions or new facilities benefiting from grants, subsidies, or loans. Specific storage conditions are defined for nomadic small ruminant farms. Contracts must be executed (Annex-9 and Annex-10) for the transfer of manure to greenhouses, farms, or biogas/compost/organic fertilizer facilities. Storage capacity is calculated according to Annex-11, while transport and record-keeping are documented under Annex-12.

Training and Administrative Sanctions

The Ministry organizes annual training and extension programs for farmers and provides training sessions for authorized personnel and agricultural consultants. In cases of non-compliance, the Certificate of Compliance is revoked, and relevant legal provisions are applied.

Repealed Legislation

The Communiqué on the Code of Good Agricultural Practice for the Prevention of Nitrate Pollution from Agricultural Sources in Waters (No: 2016/46), published in the Official Gazette dated 11 February 2017 and numbered 29976, has been repealed. References made to the repealed communiqué shall be deemed to refer to the new one.

The Communiqué entered into force on 12 October 2025 and is implemented by the Minister of Agriculture and Forestry. It establishes an integrated system for implementation, inspection, and reporting in the fight against nitrate pollution.The new regulation introduces significant technical and administrative obligations, particularly for livestock farms, greenhouse operations, and biogas/compost facilities. It is therefore crucial for agricultural enterprises to align their manure management, storage, and record-keeping systems with the provisions of the Communiqué.

You can access the full text of the Communiqué (in Turkish) at:

https://www.resmigazete.gov.tr/eskiler/2025/10/20251012-4.htm

Best Regards,
Balay, Eryiğit & Erten

The “Regulation Amending the Price Tag Regulation”, published in the Official Gazette dated 11 October 2025, introduces significant changes to the Price Tag Regulation, which was originally published in the Official Gazette dated 28 June 2014 and numbered 29044.

QR Code Price Lists in Restaurants and Similar Establishments

Under the new regulation, businesses providing food and beverage services — such as restaurants, cafes, patisseries, and similar establishments — may now display their price lists via QR codes. However, upon a consumer’s request, a printed (physical) version of the price list must also be made available. Furthermore, such establishments are required to display their price lists not only inside the premises but also at the entrance (or at each entrance, if there is more than one) and on tables, in a manner that ensures easy visibility for consumers.

Obligation to Transfer Price Data to the Ministry’s System

Pursuant to the amendment, food and beverage service providers are now required to transmit their price list data to a system to be established by the Ministry of Trade. These data may be made publicly accessible. The Ministry will announce the procedures and principles governing the data transmission on its official website. Designated businesses will be required to complete system integration within three months following the date of such announcement.

Electronic Price Display for Printed Publications

Price information for printed publications such as books, magazines, and newspapers may now be displayed through electronic devices. These devices must be operational, easily accessible, and available in sufficient quantity to ensure consumer access.

Mandatory Deduction of Tare Weight for Non-Prepackaged Products

When determining the net quantity of non-prepackaged (loose) products, it is now mandatory to deduct the tare weight. Accordingly, the weight of any container, bag, or packaging used when weighing the product may not be included in the product’s net weight.

“Lowest Price” Principle in Discount Sales

In the context of discount sales, the lowest price applied within the ten days preceding the discount must be taken as the reference (pre-discount) price. For perishable goods such as fruits and vegetables, and for services, the price immediately prior to the discount shall be taken into consideration instead. This amendment aims to prevent misleading discount practices and to enhance consumer protection.

The Regulation entered into force on the date of its publication (11 October 2025). The amendments are intended to enhance price transparency, facilitate consumer access to accurate information, and promote the transition to digital systems. In particular, businesses operating in the food and beverage sector are advised to plan their transition to the QR code system and ensure timely integration with the Ministry’s data transmission system. Similarly, businesses selling non-prepackaged goods or offering discounts should ensure full compliance with the new tare weight and price determination requirements.

The full text of the “Regulation Amending the Price Tag Regulation,” published in the Official Gazette on 11 October 2025, is available at the following link:

https://www.resmigazete.gov.tr/eskiler/2025/10/20251011-6.htm

Best Regards,
Balay, Eryiğit & Erten

The Press Newsletter (the “Newsletter”) dated 11 September 2025 and numbered 361 from the Advertising Board Meeting, published on the Board’s official website, has been thoroughly reviewed.The key decisions included in the Newsletter have been summarized below for your information and consideration.

An Administrative Fine and an Advertising Suspension Penalty have been Imposed on the Grounds That the Advertisement Concerning the Service Process was Misleading.

Summary of the Decision: The advertiser, Versuni El Aletleri Ticaret A.Ş., used the expression “Philips Home Service Guarantee” on product packaging and brochures, creating the impression that consumers were offered a free at-home service. However, since this service was in fact provided only under certain conditions and for a fee, a discrepancy was found between the main promise of the advertisement and the actual service terms. Consequently, the advertising materials under review were deemed misleading to consumers due to this inconsistency.

– Articles 7/1, 7/2, 7/3, 7/4, 7/5(a), 7/5(e), 9/1, 9/5, 29/1, 29/2(a), 29/2(d), and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose an administrative fine of TRY 86,358 and a suspension of the aforementioned advertisements on the advertiser, Versuni El Aletleri Ticaret A.Ş.

The Price Displayed Under the Heading “Products that may Interest you” An Administrative Fine and Advertising Suspension Penalty was Imposed Due to the Difference Between the Price Displayed Under the Heading “Products that may Interest you” and the price displaed when Clicking on the product.

Summary of the Decision: Turkuvaz Müzik Kitap Mağazacılık ve Paz. A.Ş. displayed a product price as TRY 3,906.30 under the heading “You May Be Interested in These Products” on its website, but when the product was clicked, it was presented as TRY 4,054.50, giving the impression of a discount. This practice misled consumers with false price information. It was determined that this conduct violated:

– Articles 7/1, 7/2, 7/3, 7/4, 7/5, 7/5-ç, 9/1, 9/5, 13/1, 13/2, 13/9, 14/1, 14/2, 14/3, 18/1, 18/2, 18/6, 28/1, 28/2, 28/4, 29/1, 29/2, 29/2(b), and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Article 22 of the Annex titled “Examples of Practices Considered as Unfair Commercial Practices”

– Articles 61 and 62 of Law No. 6502 on the Protection of Consumers. In summary, by providing false discount and price information, the advertiser engaged in a misleading commercial practice.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose an administrative fine of TRY 863,580 and a suspension of the aforementioned advertisements on Turkuvaz Müzik Kitap Mağazacılık ve Paz. A.Ş.

An Administrative Fine and an Advertising Suspension Penalty have been Imposed on the Grounds that, when Classifying the Discounted Prices of Products, Badges Such as “Lowest Price in the Last 7 Days” Or “Lowest Price in the Last 14 Days” Were Used in a Manner Contrary to the Legislation.

Summary of the Decision: The product “ECA Spylos A++ 12000 BTU Inverter Wall-Mounted Air Conditioner” on Trendyol was advertised on 13 June 2025 with the label “Lowest Price in the Last 14 Days” at TRY 28,499; however, the consumer had purchased the same product on 11 June 2025 for TRY 23,399.99.It was determined that the advertised price was not the lowest during the specified period, and that Article 14, paragraph 3, of the Regulation on Commercial Advertisements and Unfair Commercial Practices, titled “Discounted Sale Advertisements”, stipulates that in discounted sales, only the expression “Lowest Price in the Last 30 Days” may be used instead of “Last 7 Days” or “Last 14 Days”. This provision allows such labels to be applied only to new products offered for sale within the last 30 days. Consequently, the advertisements under review were considered misleading and deceptive to the average consumer. The advertising materials under review;

– Articles 7/1, 7/2, 7/3, 7/4, 7/5, 9/1, 9/5, 14/1, 14/2, 14/3, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose an administrative fine of TRY 863,580 and a suspension of the aforementioned advertisements on the advertiser.

An Advertising Suspension Penalty has been Imposed on the Grounds That the Sale of “Mystery Boxes” Misleads Consumers’ Economic Decisions and Violates Principles of Comppetition.

Summary of the Decision: On Trendyol, the advertiser sold boxes under the name “Bakmakistersen Electronic Surprise Box”, consisting of products with entirely unknown contents, at TRY 829, without providing consumers any information about the contents, thereby engaging in an indeterminate commercial transaction. This practice was assessed as misleading consumers’ economic decisions and contrary to principles of fair competition. The advertisements under review were found to be in violation of:

– Articles 7/1, 7/2, 7/3, 7/4, 7/5(a), 7/5(b), 9/1, 9/5, 18/1, 18/2, 18/6, 28/1, 28/2, 28/3, 28/4, 29/1, 29/2, 29/2(a), and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Articles 61 and 62 of Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose a suspension of the aforementioned advertisements on the advertiser and operator of the commercial practice, Yusuf Adigüzel.

An Advertising Suspension Penalty has been Imposed on the Grounds That Multiple Discount Rates Created Confusion Among Consumers and That the Start and End Dates of the Campaign were not Specifed. 

Summary of the Decision: Depomax Mağazacılık Anonim Şirketi was found to be in violation of the rules on discounted sales for using multiple discount rates such as “50% + 50% + 20%”, which caused confusion among consumers regarding the actual discount amount, and for failing to specify the start and end dates of the campaign. The advertisements under review;

– Articles 7/1, 7/2, 7/3, 7/4, 7/5, 9/1, 9/5, 14/1, 14/2, 18/1, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose a suspension of the aforementioned advertisements on the advertiser.

An Advertising Suspension Penalty has been Imposed on the Grounds That, Although the Discount Applied Only to Selected Products, the Advertisement Used the Phrase “On All Products”, and the Limitation Indicating That it Applied Only to Selected Items was Dispayed in Small Print, Thereby Rendering the Advertisement Misleading.

Summary of the Decision: Derimod Deri Konfeksiyon Pazarlama Sanayi ve Ticaret A.Ş. used the expression “Up to 50% Discount on All Products”, creating the impression of a general discount, whereas the campaign actually applied only to selected products, which was stated in small print. This created a discrepancy between the main promotional claim and its exceptions. The advertisements under review were therefore considered misleading to consumers;

– Articles 7/1, 7/2, 7/3, 9/1, 9/5, 18/1, 18/6, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose a suspension of the aforementioned advertisements on the advertiser.

An Advertising Suspension Penalty has been Imposed on the Grounds That the Advertiser Misled Consumers by Using Statements Such as “Environmentally Friendhly”.

Summary of the Decision: Chery Otomobil Sanayi ve Ticaret Anonim Şirketi used expressions such as “green production” and “environmentally friendly” on its website, claiming that energy consumption was reduced during the production process and that the company engaged in environmentally responsible manufacturing. However, these environmental claims could not be substantiated with scientific data or valid documentation, and the statements were considered vague and misleading to consumers. The advertisements under review;

– Articles 7/1, 7/2, 7/3, 7/4, 7/5(a), 9/1, 9/2, 9/3, 9/4, 9/5, 17/1, 17/2, 17/3, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose a suspension of the aforementioned advertisements on the advertiser.

An Advertising Suspension Penalty has been Imposed on the Grounds That the Advertisement Contained Claims Regarding Medical Device Products That were Contrary to the Applicable Legislation.

Summary of the Decision: Abdi İbrahim İlaç Sanayi ve Ticaret A.Ş. used the expression “Relieves cough quickly” in advertisements for its medical device products, thereby creating a misleading impression of the product’s effect. It was determined that this statement was in violation of the relevant medical device advertising regulations. The advertisements under review;

– Article 15 of the Regulation on the Sale, Advertising, and Promotion of Medical Devices,

– Articles 5/1(b), 7/1, 7/2, 7/3, 7/4, 7/5(a), 26/1, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose a suspension of the aforementioned advertisements on the advertiser.

It was Imposed an Administrative Fine and an Order to Suspend the Advertisements on the Grounds of Misleading Health Claims Made to Consumers.

Summary of the Decision:  Pluvia Pharma Health İlaç San. ve Tic. A.Ş. used health claims that are not included in official guidelines — such as improving joint health, reducing pain and stiffness, and supporting the use of analgesics — while promoting its food supplement product, thereby misleading consumers with deceptive health-related statements. Accordingly, the advertisements under review were found to:

– Articles 5/1, 5/2, 5/10, 5/11, 8/1, and 10/4 of the Regulation on the Use of Health Claims in Food and Food Supplements

– Articles 4/1-d, 4/1-e, 5/1, and 5/8 of the Regulation on the Inspection of Health Claims

– Article 24/3 of Law No. 5996 on Veterinary Services, Plant Health, Food, and Feed,

– Article 7 of the Turkish Food Codex Regulation on Food Labeling and Consumer Information,

– Articles 5/1(b), 7/1, 7/2, 7/3, 7/4, 7/5(a), 26/1, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Were found to be violated, along with Article 61 of the Law No. 6502 on the Protection of Consumers.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose an administrative fine of TRY 863,580 and a suspension of the aforementioned advertisements on the advertiser.

The Advertisement of Alcohol and Tobacco Products is Prohibited, and the Content Producer Promoting Alcohol has been Subject to an Administrative Fine and an Advertising Suspension Penalty.

Summary of the Decision: Halkekmag Global Reklam Org. San. ve Tic. Ltd. Şti. displayed on its social media accounts alcoholic products under the “Efes” brand along with expressions such as “Position of The Day Cheers”, and used logos created with the shape on the “Efes” product packaging and the “+1” mark also present on the packaging. By doing so, the company covertly promoted alcoholic beverages to attract attention and generate demand, thereby exposing users to misleading advertisements. The advertisements under review;

– Article 6 of Law No. 4250 on the Monopoly of Spirits and Spirituous Beverages,

– Articles 20/1, 20/2, 20/7, and 20/9 of the Regulation on the Procedures and Principles Regarding the Sale and Presentation of Tobacco Products and Alcoholic Beverages,

– Articles 5/1(b), 7/1, 7/2, 7/3, 22/1, 22/2, 23/1(a), 23/1(c), 26/1, and 32/1 of the Regulation on Commercial Advertisements and Unfair Commercial Practices,

– Article 61 of Law No. 6502 on the Protection of Consumers, were found to be violated.

Accordingly, pursuant to Articles 63 and 77/12 of Law No. 6502, it was decided to impose an administrative fine of TRY 863,580 and a suspension of the aforementioned advertisements on the media company, Halkekmag Global Reklam Org. San. ve Tic. Ltd. Şti.

You can access the full Newsletter via the link: https://ticaret.gov.tr/data/5d1c9edd13b87615344cd4c8/_361_Reklam_Kurulu_Basin_Bulteni.pdf

Best Regards,
Balay, Eryiğit & Erten

The Regulation Amending the Regulation on the Organization of Short-Term Tourist Rentals of Residences (“Amending Regulation”) was published in the Official Gazette dated 10.10.2025 and numbered.33043. The key amendments introduced by the Amending Regulation are summarized below for your attention.

Pursuant to the amendment, revisions have been introduced concerning the issuance of permits and the frequency of inspections for tourism-purpose residences, while no alteration has been made to the overall nature of the provision.

• The issuance of a permit for tourism-purpose residences has been made subject to the discretion of the Ministry.
• The permit shall be issued on an independent section basis and shall be non-transferable in nature.
• In accordance with the Coastal Law No. 3621, permits may not be issued for areas located within the coastal boundary line.
• Inspections shall henceforth be carried out directly by the Ministry and the relevant public authorities.
• It has been made mandatory to install smoke detectors in all sections of the residence other than bathrooms and lavatories.
• The requirement to designate separate areas for chemical cleaning products and in bathrooms has been abolished.
• Residences holding a valid permit shall be inspected twice a year, and in the event that any deficiency identified during inspection is not remedied within fifteen (15) days, the permit shall be revoked.

You can access the full Amending Regulation at the address: https://www.resmigazete.gov.tr/eskiler/2025/10/20251010-2.htm

Best Regards,
Balay, Eryiğit & Erten

The Regulation on Direct Sales (“Regulation”) prepared by the Ministry of Trade was published in the Official Gazette dated August 8, 2025 and numbered 32980. The regulation introduces comprehensive regulations regarding direct selling systems, direct selling companies, and sellers. The important changes introduced by the following provisions are summarized and presented for your attention.

• Regulation Article 5 introduces new obligations for direct selling systems, requiring them to be based on the sale of goods and services, leaving no room for pyramid-like structures. The direct sale of crypto assets, capital market instruments, and products prohibited by law is prohibited, and the inclusion of individuals in the system through promises of quick riches and misleading statements is prevented. The total amount of commissions, bonuses, and similar benefits that direct selling companies provide to sellers may not exceed 50% of annual net sales; benefits arising from the recruitment of new sellers may not exceed 30% of the total benefits distributed. However, the retail profit that sellers earn when they purchase goods and sell them to consumers is excluded from these restrictions.
• Regulation Article 6 stipulates that direct sales companies must be capital companies with a minimum paid-in capital of ten million TL and must deposit three million TL as collateral in Turkish banks. In addition, they must obtain a direct sales authorization certificate from the Ministry in order to commence operations.
• Regulation Article 8 regulates the responsibilities of direct sellers towards both consumers and the company. Sellers are responsible to the company for the exercise of consumer rights and the fulfillment of obligations; they are also required to use their own seller number in sales. Direct sellers may only sell within the scope of the company’s authorization and the principles it has established. In addition, companies are also jointly and severally liable for the obligations of sellers towards consumers.
• Regulation Articles 9 and 10 contain procedural regulations for obtaining a direct sales certificate, while Article 11 stipulates that companies engaging in direct sales activities must obtain an authorization certificate from the General Directorate. The authorization certificate is valid for 3 years and must be renewed before its expiration date. The authorization certificate may be revoked by the Ministry if it does not meet the requirements specified in the Regulation.
• Regulation Article 13 stipulates that an information form must be provided to enable consumers to effectively exercise their right of withdrawal in direct sales. The form must be sent to the consumer in writing or via a permanent data storage medium. It must include information about the goods or services sold, the total price, company and seller information, the date of sale/delivery, and the procedures and conditions relating to the right of withdrawal. In addition, it should be clearly stated that the consumer may apply to an arbitration board or consumer court after mediation in the event of a dispute. The service must be performed on the date specified in the form, and the goods must be delivered within 30 days at the latest.
• Pursuant to Article 14 of the Regulation, the withdrawal period for consumers in direct sales has been extended from 14 days to 30 days. This means that consumers will be able to withdraw from the contract within 30 days without giving any reason and without paying any penalty. The withdrawal period for goods begins on the date of delivery to the consumer; for services, it begins on the date of sale. When the right of withdrawal is exercised, the direct selling company or seller must refund the payments collected in a single payment, without any costs or additional obligations, using a method appropriate to the consumer’s payment method. In the following articles of the Regulation, it is stipulated that if the information form is incomplete or incorrect, the consumer’s right of withdrawal shall be extended for one year from the end of the legal period. However, if the information form is provided correctly and completely within the extended withdrawal period of one year, the 30-day withdrawal period begins on the date the form is provided.
• Regulation Articles 16 and 17 regulate the exercise of the right of withdrawal and its effect on ancillary contracts. The consumer may exercise the right of withdrawal before the expiry of the withdrawal period by notifying the seller or direct sales company in writing or by means of a durable medium.The notification must include the seller’s name, surname, or title and seller number. The sample form in Appendix 1 of the Regulation may be used for the withdrawal notification, or the withdrawal decision may be communicated with a clear statement. The direct selling company is responsible for ensuring that consumers can easily access this form or information. When the right of withdrawal is exercised, ancillary contracts also terminate automatically and the consumer is not required to pay any costs, compensation, or penalties; the company or seller must immediately notify the third party who is a party to the ancillary contract of this situation.The burden of proof lies with the consumer.
• Regulation Article 18 specifies the exceptions to the right of withdrawal. Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the sale of the following goods or services:

• Goods prepared specifically for the individual,
• Perishable goods or products that may expire,
• Goods whose packaging has been opened and whose return is not suitable for health or hygiene reasons,
• Goods that, after delivery, have been mixed with other products and cannot be separated,
• Opened computer consumables,
• Periodicals such as newspapers and magazines that are outside the scope of a subscription,
• Services provided or intangible goods delivered instantly in electronic format,
• Services whose performance has begun with the consumer’s consent before the withdrawal period expires,
• Goods that have been installed or assembled (as specified in the promotional or user manual).
• Regulation Article 19 stipulates that direct sales company cannot charge consumers higher than standard telephone tariff for the telephone line it has allocated for consumers to contact . In addition, in the continuation clause, the company is obliged to establish an information system that will enable consumers to be informed and to communicate their requests by means such as mail, catalog, telephone, fax, e-mail, text message, or the Internet. In this system, the right of withdrawal and terms of use, withdrawal notification and return processes, access to the information form, product and service information, and direct seller information must be provided in full. Consumers should also be able to access the sample withdrawal form in Annex 1 of the Regulation through this system.
• Pursuant to Provisional Article 1, direct selling companies operating prior to the publication of the Regulation must apply for an authorization certificate by bringing their activities into compliance with the provisions of the Regulation by January 30, 2026.

The new regulation imposes significant obligations on companies operating in the direct sales sector in terms of capital structure, licensing, and consumer rights. In particular, extending the withdrawal period to 30 days is an important innovation in favor of consumers, and companies must update their contracts and return processes in accordance with this regulation.

The fifth and sixth paragraphs of Article 5 of the Regulation shall enter into force on January 1, 2026, while all other provisions shall be deemed to have entered into force on the date of publication.

You can access the full text of the Regulation at  resmigazete.gov.tr/eskiler/2025/08/20250808-1.htm .

Best Regards,
Balay, Eryiğit & Erten

An amendment to the Labor Law No. 4857, dated May 22, 2003, entered into force on July 14, 2025, through the publication of Law No. 7553 titled “Law on the Amendment of Certain Laws and Decree Law No. 375” in the Official Gazette on the same date.

ARTICLE 9 – The following sentences have been added to the first paragraph of Article 46 of the Labor Law No. 4857, dated May 22, 2003:

“However, for workers employed in accommodation facilities that have been granted a tourism operation license by the Ministry of Culture and Tourism, the weekly rest day to which they are entitled under this paragraph may be used within four days following the day it is earned, upon the employee’s written request or consent. In this case, the portion of work performed on the weekly rest day equivalent to the normal daily working hours shall not be considered in the calculation of overtime. The employee may revoke their consent by notifying the employer in writing at least thirty days in advance.”

This amendment introduces a sector-specific provision regarding the use of weekly rest days for employees working in accommodation facilities operating within the tourism industry. Pursuant to the change, employees working at accommodation facilities licensed by the Ministry of Culture and Tourism may utilize their weekly rest day within four days following the day on which the right accrues—provided they submit a written request or consent. Accordingly, employers cannot defer the rest day unless they obtain a clear and written statement from the employee.

Another key aspect of this regulation concerns how work performed on a rest day is to be evaluated. Under the new rule, if an employee works on their weekly rest day, only the portion exceeding the regular daily working hours will be considered as overtime. The standard portion will not be treated as overtime. This provision offers operational flexibility to employers, especially during peak seasons, while simultaneously introducing a new criterion for the calculation of overtime wages for employees. Moreover, an employee who has given such written consent retains the right to withdraw it by informing the employer in writing, with a minimum of thirty days’ notice.

This amendment is intended to accommodate the seasonal and intensive nature of work in the tourism sector. It is essential for employers to ensure that employee consents are properly obtained in accordance with the prescribed procedure, overtime calculations are conducted under the new rule, and withdrawal notifications are tracked with diligence.

You can access the full text of the amendment to the Labor Law No. 4857, as introduced by Law No. 7553 dated July 14, 2025, at the following link: https://www.resmigazete.gov.tr/eskiler/2025/07/20250714-20.htm

Best Regards,
Balay, Eryiğit & Erten

With Article 23 of Law No. 7555, published in the Official Gazette dated July 24, 2025, the title and content of Article 109 of the Labor Law No. 4857 have been amended.

As amended, Article 109 of the Labor Law No. 4857, dated May 22, 2003, now reads as follows:

“Written or Electronic Notification

ARTICLE 109 – Notifications stipulated in this Law must be made to the relevant party either in writing, with a signed acknowledgment of receipt, or—provided the employee gives written consent—via a registered electronic mail (KEP) system, which constitutes a legally valid means of transmission and delivery of electronic communications. Notifications resulting in the termination of an employment contract must, in any case, be made in writing. If the individual receiving the written notice refuses to sign, this must be documented with a formal record. However, notifications that fall within the scope of the Law on Notifications dated February 11, 1959, and numbered 7201 shall continue to be carried out in accordance with the provisions of that Law.

The costs related to the use of the KEP system shall be borne by the employer. The electronic notifications specified in this Article shall be carried out in accordance with the applicable legislation governing the KEP system.”

Under the new regulation, it is now mandatory for employers to make all digital notifications related to employment contracts exclusively through the Registered Electronic Mail (KEP) system. Methods such as standard email and SMS are no longer considered valid. Notifications must either be delivered to the employee in writing with a signed acknowledgment or, with the employee’s written consent, sent via the KEP system. This regulation is particularly significant for ensuring that unilateral declarations of will made by the employer are legally valid and duly received by the employee.

Notifications that result in the termination of the employment contract must, in any case, be made in writing. If the recipient refuses to sign the written notice upon delivery, this refusal must be formally documented. Additionally, notifications that fall within the scope of Law No. 7201 on Notifications shall continue to be governed by the provisions of that law. The amendment also clearly states that all costs associated with the use of the KEP system will be borne by the employer. Accordingly, employers are expected to establish the necessary infrastructure for transitioning to the KEP system and to obtain the written consent of employees for its use. Furthermore, all electronic notifications must comply with the regulations governing the KEP system.

In light of this amendment, it is essential that employers collaborate closely with their human resources and legal departments to incorporate provisions regarding the use of KEP into employment contracts and to update existing procedures in compliance with the new legislation. Ensuring that all correspondence—especially notices of termination—are fully aligned with the new procedures is of critical importance for maintaining legal validity.

You may access the full text of the legal amendment published on July 24, 2025, regarding the requirement to use KEP for notifications to employees via the following link:

https://www.resmigazete.gov.tr/eskiler/2025/07/20250724-2.htm

Best Regards,
Balay, Eryiğit & Erten