Amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices
On 1 July 2026, the Turkish Ministry of Trade published in the Official Gazette (No 33297) the Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices (the “Amending Regulation”). The Amending Regulation introduces significant changes to the existing framework governing commercial advertising and unfair commercial practices in Türkiye. The amendments will enter into force on 1 August 2026. The key changes introduced by the Amending Regulation can be summarised as follows.
TARGETED ADVERTISING
The Amending Regulation expressly defines “targeted advertising” and requires that consumers be provided with direct and easily accessible information on (i) the criteria used to display such advertisements and (ii) how those criteria can be modified. In addition, targeted advertising based on profiling through personal data is prohibited where the consumer is known, or could reasonably be known, to be a child.
TRANSPARENCY REQUIREMENTS FOR SOCIAL MEDIA INFLUENCERS
The Amending Regulation elevates to binding regulatory level the transparency obligations that previously applied only as guidelines to advertising conducted through social media influencers. Where content qualifies as advertising, the post must include the wording “Advertisement” or “Promotion”, together with the advertiser’s name or trade name, or another appropriate disclosure clearly indicating the commercial relationship. Such disclosures must be immediately noticeable, clearly legible and readily distinguishable from other labels or statements in the content.
DISCOUNT SALE ADVERTISEMENTS
For sales of goods, the Amending Regulation shortens the reference period for determining the pre-discount price from 30 (thirty) days to 10 (ten) days. Accordingly, the pre-discount price must now be based on the lowest price applied during the 10 (ten) days preceding the start date of the discount. For services and perishable goods such as fruit and vegetables, the price applied immediately before the discounted price will continue to serve as the reference price. In addition, where a product or service is offered through different sales channels, the reference price must be determined solely by reference to the price applied in the sales channel on which the discount is offered.
ADVERTISING USING ARTIFICIAL INTELLIGENCE
The new rules introduce specific transparency requirements for the use of artificial intelligence (“AI”) in advertising. Where AI or similar software tools are used in a manner likely to materially influence consumers’ economic behaviour, or where advertisements feature digitally generated characters that cannot easily be distinguished from real people, this must be disclosed to consumers in a clear and understandable manner. The amendments also prohibit advertisements that create the false impression that a digitally generated replica of a real person, produced using AI, has personally used, experienced or endorsed a product or service.
ADVERTISEMENTS CONTAINING ENVIRONMENTAL CLAIMS
Environmental claims are now subject to stricter substantiation requirements. Any certificate or approval referred to in an advertisement must be supported by information and documentation obtained from authorised institutions or organisations, relevant university departments, or accredited or independent research, testing and assessment bodies. In addition, broad or vague environmental claims may no longer be used without explanation or in a manner that may create ambiguity for consumers. Advertisers must clearly specify the part of the product or life cycle to which the environmental claim relates and must ensure that information on the underlying measurement or assessment methods is easily accessible, either within the advertisement itself or via a link or similar notice.
ADDITIONAL RESTRICTIONS ON CERTAIN PRODUCTS AND ADVERTISING CONTENT
The Amending Regulation also introduces additional restrictions on certain product categories and advertising content, including the following:
- Advertisements for food supplements may no longer create the impression that such products can replace foods consumed as part of a normal diet. Subject to the limitations applicable to health claims, comparative advertising for food supplements is permitted.
- The misleading or deceptive use of academic titles in commercial advertisements and announcements is expressly prohibited.
CONSUMER REVIEWS AND COMPLAINT PLATFORMS
Under the Amending Regulation, only reviews from consumers who have actually purchased the relevant goods or services, and whose purchase process can be verified, may be published. Where consumer reviews are displayed under separate headings, such as goods, services, delivery, seller or provider, all such reviews must be presented in the relevant area in a clear, understandable, distinguishable and easily accessible manner. In addition, on complaint platforms, the response period granted to sellers and providers before a complaint is published has been reduced from 72 (seventy-two) hours to 48 (forty-eight) hours.
CONCLUSION
Before the Amending Regulation enters into force on 1 August 2026, advertisers, sellers and providers, e-commerce companies and platforms hosting consumer reviews should align their advertising, marketing and operational processes with the new requirements. Particularly, attention should be paid to AI-generated content, targeted advertising, influencer marketing, discount sale advertisements, environmental claims and consumer review practices to ensure compliance with the updated framework.
