The Principle Decision Regarding Loyalty Card Practices Has Been Published

Within the scope of the Personal Data Protection Board’s (“Board”) Principle Decision published in the Official Gazette dated February 28, 2026 dated February 11, 2026 and numbered 2026/266 (“Decision”), certain shopping practices carried out under loyalty card programs were evaluated.

Pursuant to the relevant Decision, it has been stated by the Board that the practices whereby a shopping transaction is carried out by third parties by informing the cashier of a customer’s mobile phone number or loyalty card number without the data subject’s knowledge and consent, issuance of invoices or similar documents in the name of the data subject, and recording purchase transaction in the data subject’s account:

  • cannot be based on any of the data processing conditions set forth under Article 5 of Law No. 6698 (“Law) and would lead to unlawful personal data processing activities,
  • could constitute a violation of the principle of “being accurate and, where necessary, kept up to date” set forth under Article 4 of the Law,
  • may constitute a violation within the scope of the obligation to ensure personal data security as regulated under Article 12 of the Law.

Within this scope, the Board has stated that:

  • the practices enabling the aforementioned shopping transactions must be terminated,
  • the necessary technical and administrative measures must be taken by data controllers,
  • different verification mechanisms must be implemented in loyalty card practices depending on the type of transaction such as membership verification, earning points/discounts/promotions, and redeeming points, and the level of risk associated with such transactions.

A six-month compliance period from the date of publication of the Principle Decision has been granted to data controllers to establish the aforementioned verification mechanisms.

You can access the full text of the Decision here.

Best Regards,
Balay, Eryiğit & Erten

Turkish Constitutional Court Decision On The Competition Authority’s “On-Site Inspection” Powers Published In The Official Gazette Dated 17/02/2026

With the Constitutional Court (“AYM”) decision dated 06.11.2025 and numbered E.2023/174, K.2025/224, published in the Official Gazette dated 17.02.2026 and numbered 33171, it was held that the phrase “…where it deems necessary…” in the first sentence of the first paragraph of Article 15 of the Law on the Protection of Competition No. 4054 (“Law No. 4054”) is not unconstitutional, and the objection was dismissed.

The decision is significant, within the scope of the incidentality (objection) applications filed by the 13th Chamber of the Council of State and the Ankara 11th Administrative Court, in terms of the scope of the on-site inspection power regulated under Article 15 of Law No. 4054 and the relationship of this power with fundamental rights safeguards.

The constitutional review subject to the objection was conducted under two headings:
(i) the phrase “…where it deems necessary…” in Article 15/1 of Law No. 4054; and (ii) the second sentence of the third paragraph added to Article 15 by Article 25 of Law No. 4971 dated 1/8/2003. The referring courts argued that these provisions were contrary to Articles 2, 13, and 21 of the Constitution.

In the decision;

  • With respect to the phrase “…where it deems necessary…” in Article 15/1 of Law No. 4054, it is seen that the rule was reviewed within the framework of the rule-of-law principle (Article 2 of the Constitution); and, considering that it serves a legitimate aim within the scope of the State’s positive obligation to protect competition (Article 167 of the Constitution), the Court concluded that there was no unconstitutionality.
  • The majority of the Constitutional Court stated that the challenged rule was not considered to fall within the scope of Articles 13 and 21 of the Constitution (proportionality / inviolability of domicile), and therefore did not conduct a separate constitutional review on that basis.
  • As for the objection concerning the second sentence of the third paragraph later added to Article 15 of Law No. 4054, the application was assessed in terms of the “applicable provision” requirement in the concrete cases and was dismissed due to the Court’s lack of jurisdiction (applicability / applicable-provision issue).
  • Dissenting opinions were submitted and appended to the decision. In particular, the dissents emphasize that, in practice, on-site inspections involve access to areas of undertakings that are not freely accessible to everyone as well as to electronic data systems; therefore, the safeguards of the inviolability of domicile under Article 21 of the Constitution (such as a judge’s warrant / cases of urgency / judicial approval within 24 hours) should be at the center of the debate; and they raise criticisms that a broad phrase such as “where it deems necessary” leaves interferences with fundamental rights to the discretion of the administration.

With this decision, since no annulment or consequence affecting the entry into force arose with respect to the phrase “…where it deems necessary…” in Article 15/1 of Law No. 4054, the normative framework regarding the Competition Authority’s on-site inspection power continues unchanged; however, it is assessed that the inviolability-of-domicile / judicial-safeguard debates emphasized in the dissents will remain on the agenda in practice (particularly regarding areas of the workplace not open to everyone and the examination of electronic data).

You can access the full text of the legislative amendment regarding notifications to employees to be made via KEP dated 24/07/2025 here.

Best Regards,
Balay, Eryiğit & Erten

Communiqué on Amendments to the Communiqué Concerning Mergers and Acqusitions Requiring Competition Board Clearance Published in the Official Gazette

Significant amendments have been introduced to the Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Competition Board Clearance, as published in the Official Gazette dated 11/02/2026, through the Communiqué No. 2026/2 on Amendments prepared by the Competition Authority. The key aspects of these amendments are set out below.

The definitions of the relevant undertaking, transaction parties, and technology undertakings have been updated.

The concept of “related undertaking” has been clarified to encompass the acquiring party or the person/economic units subject to the merger or acquisition. In particular, the term “transaction party” has been elaborated to explicitly indicate the economic entities to which the relevant undertakings belong and the units subject to the transaction. Additionally, in the definition of technology undertakings, digital platforms have been explicitly mentioned and highlighted as a separate category.

Turnover thresholds for mergers and acquisitions requiring the merger clearance of the Board have been updated.

  • With the changes to the turnover thresholds in mergers and acquisitions, it has become mandatory to obtain the Board’s merger clearance for a transaction to be legally valid if the following conditions are met: the total Turkish turnovers of the transaction parties, previously 750 million TRY, now reach 3 billion TRY; and the Turkish turnovers of at least two of the transaction parties, previously 250 million TRY each, now reach 1 billion TRY; or in acquisitions, the assets or operations subject to the transaction, and in mergers, the Turkish turnover of at least one of the transaction parties, previously 250 million TRY, now reach 1 billion TRY, and the global turnover of at least one of the other transaction parties, previously 3 billion TRY, now reaches 9 billion TRY.
  • In merger transactions where at least one of the transaction parties is a technology undertaking established in Turkey, as well as in transactions involving the acquisition of such undertakings, the turnover thresholds set forth in subparagraphs (a) and (b) of the first paragraph, which were previously not applied to the transaction party subject to the transaction, are now applied at 250 million TRY.

Conceptual additions and amendments have been made to terms such as dominant position, competition, and undertaking.

A fourth paragraph has been added to Article 13 of the Communiqué, whereby the Board will now specifically consider the significant activities of the transaction parties in the markets or related markets in which joint ventures operate, as well as the likelihood that coordination may eliminate competition. The market structure, effective competition, and dominant position criteria set out in the previous first and second paragraphs have been retained.

Significant changes have been made to the Notification Form annexed to the Communiqué to simplify the notifications to be submitted to the Board.

  • In Section (2) of the Notification Form, subparagraph (b), the phrase “if there is no affected market in Turkey” has been revised to: “for transactions involving an affected market, it will be mandatory to answer the long-form questions requesting detailed information on market dynamics if (i) in horizontal overlaps, the combined market shares of the parties exceed 15%, and/or (ii) in vertical overlaps, at least one of the parties’ market shares exceeds 20%.” A market share threshold has thus been introduced.
  • Another addition to the content of the Notification Form has been made under subparagraph (3). According to this newly added subparagraph, the information to be submitted regarding transaction parties that are venture capital investment partnerships, venture capital investment funds, venture capital companies, or individual private equity investors is limited solely to matters directly related to their activities in Turkey, and the transaction party subject to the transaction is excluded from this scope.

It has been stated that the changes to the turnover thresholds and other conditions in the Communiqué will also apply to ongoing transactions. The amendments came into effect on the date of publication. The Amendment Communiqué can be accessed via this link.

Best Regards,
Balay, Eryiğit & Erten

Regulation Amending The Regulation On Workplace Opening And Operating Licenses Published In The Official Gazette

The “Regulation Amending the Regulation on Workplace Opening and Operating Licenses,” which was put into force by Presidential Decision No. 10852, was published in the Official Gazette dated 10 January 2026 and numbered 33133. The Regulation entered into force on the date of its publication.

With this Regulation, a new “Provisional Article 9” has been added to the Regulation on Workplace Opening and Operating Licenses, which was put into force by the Council of Ministers’ Decision dated 14/7/2005 and numbered 2005/9207, to come after Provisional Article 8.

Pursuant to the newly added “Provisional Article 9,” in accommodation facilities (i) that are required to obtain a fire brigade report within the scope of the Regulation and (ii) that have been granted a period of time to remedy deficiencies requiring a procurement process for materials in accordance with Provisional Article 4 of the Regulation on Fire Protection of Buildings, which was put into force by the Council of Ministers’ Decision dated 27/11/2007 and numbered 2007/12937, if, as a result of inspections carried out by the competent authorities, a fire brigade report demonstrating compliance with the Regulation on Fire Protection of Buildings cannot be submitted, such workplaces shall be immediately suspended from operation until 31/5/2026 within the scope of Additional Article 3.

This period shall be used for eliminating non-compliances or deficiencies required for the issuance of the fire brigade report and/or for carrying out construction works and renovations within the buildings for this purpose; during this period, the continuation of operations shall not be permitted. If the fire brigade report cannot be submitted at the end of this period, the business opening and operating license of the relevant workplaces shall be revoked and they shall be closed.

This regulation may give rise to the risk of suspension of activities and ultimately revocation of licenses, particularly for accommodation facilities that are found to have deficiencies in terms of fire safety. Therefore, it is of importance for accommodation facilities and their operators to:

  • Urgently assess the requirement for a fire brigade report and their current compliance status,
  • Manage the necessary renovation/construction planning and procurement processes,
  • Prepare the documents to be submitted during inspection processes,
  • Establish a timetable to obtain the fire brigade report by 31/5/2026.

The full text of the decision can be accessed at: https://www.resmigazete.gov.tr/10.01.2026

Best Regards,
Balay, Eryiğit & Erten

New Regulation on the Designation of Nitrate-Sensitive Areas and Implementation of the Nitrate Action Plan Has Been Published in the Official Gazette

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 Was Published in the Official Gazette

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

Republic of Turkey Ministry of Trade Board of Advertising Review of the Press Newsletter Dated 11 September 2025

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 Tourism-Oriented Rental Activities of Residences Has Been Published

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