Amendment on Commercial Advertisements and Unfair Commercial Practices

The Communiqué on Commercial Advertising and Unfair Commercial Practices Regulation for the consumer (“Regulation”) has been published in the Official Gazette numbered 31737 and dated 01.02.2022.

The issues regulated by the Regulation are as follows:

1. Personalized Price Description

A “personalized price” description has been defined with the Regulation.

In this context, the personalized price offered by analyzing the purchasing behavior and other personal data of the consumer and the current sales price of the product will be displayed to the consumer in the same area.

2. Discount Sale Prices

To determine the sales price of the goods or service offered for sale before the discount, the lowest price applied within thirty days before the discount will be taken as a basis. The burden of proof on this matter will belong to the advertiser.

3. Advertisements Regarding Financial Services

In advertisements where the goods or services are offered for sale with a tied credit; details such as the credit period, the interest rate, the monthly and percentage value of the total cost to the consumer, and the reimbursement conditions will be made accessible to the consumer, in the area where the advertisement is published or on a separate website including a warning sign, in an area where the consumer can get detailed information easily.

4. Sorting Practices

In case of sorting by comparing certain features of the goods or services offered for sale on the internet, such as price and quality, information about principles of the sorting will be available to the consumer with a warning sign in the same or a separate website, where can be accessible by the consumer for detailed information easily.

5. Consumer Evaluation

In the marketplaces where distance sales agreements are concluded, only the consumer who purchases the product will be allowed to comment. The purchased goods or services evaluation will be published for at least one year considering objective criteria.

It has been understood that it is impossible to agree with a natural and legal person to lead them for incorrect evaluations approving the goods or services to increase the sales of goods or services with the Regulation.

6. Additional Obligations Regarding Consumer Complaints Platforms

In complaint platforms, at least 72 hours will be given to the seller or supplier on the relevant platform to exercise their right to reply before publishing consumers' reviews.

7. Deceptive Trade/Dark Pattern Practices

Increasing the example of the sale price of the goods or services offered to the consumer without reasonable grounds although, the prices of goods and services haven’t been affected by the changes in cost or exchange rate has been removed as an example of the deceptive trade practices examples. Besides, examples have been inserted in the article, and dark patterns are clarified within the deceptive trade practices as follows:

• Offering event tickets such as sport, theater, talk show program for sale again and a higher price by purchasing out of identified limit through using a software automating the purchasing process.
• Using methods with tools such as route interface design, options, or expressions on the internet affects consumers' decisions or choices negatively or targets changes in favor of seller or supplier regarding goods or services.

The Communiqué will be entered into force as 01.03.2022.

Should you have any queries or need further details, please contact your customer representative.