Amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices

The currently effective Regulation on Commercial Advertising and Unfair Commercial Practices (the “Regulation”) covers all commercial advertisements directed at consumers and unfair commercial practices and sets out the fundamental principles to be observed by advertisers, advertising agencies, media organizations and persons engaging in commercial practices. The Amending Regulation introduces significant changes to the Regulation in relation to digital advertising, social media promotions, AI-supported advertisements, discounted sales advertisements, environmental claims, consumer reviews, complaint platforms, food supplement advertisements and the use of academic titles. The key amendments are summarized below.

1. New Definitions and Provisions on “Targeted Advertising” Have Been Introduced

The Amending Regulation adds concepts such as “environmental claim”, “social media”, “social media influencer” and “consumer reviews” to the definitions section of the Regulation.

Targeted advertising has been explicitly regulated for the first time. The presentation of advertising content tailored to specific individuals or groups through the analysis of consumers’ online behavior, past preferences, location data, demographic information or similar personal data is defined as targeted advertising.

In order for such advertisements to be displayed, consumers must be provided with direct and easily accessible information regarding the criteria used to display the advertisement and how such criteria may be modified. In addition, targeted advertising based on profiling through personal data may not be directed at consumers who are known, or can reasonably be expected, to be children.

2. The Prohibition on Comparative Advertising of Food Supplements Has Been Removed

The Amending Regulation inserts the phrase “and food supplements” after the word “food” in Article 8 of the Regulation and repeals the final sentence that completely prohibited comparative advertising of food supplements. It is also expressly stipulated that advertisements for food supplements may not create the impression that such products replace foods consumed as part of a normal diet.

3. The Reference Price Period for Discounted Sales Advertisements Has Been Reduced from Thirty Days to Ten Days and Certain Rules Applicable to Discounted Sales Advertisements Have Been Updated

Pursuant to Article 4 of the Amending Regulation, the period to be taken as the basis for determining the reference price in advertisements relating to the sale of goods has been reduced from thirty days to ten days. Accordingly, when determining the pre-discount price, the lowest price applied during the ten days preceding the start date of the discount must be taken as the reference price. For perishable goods such as fruits and vegetables, as well as for services, the price immediately preceding the discounted price shall be taken as the basis.

In addition:

• In sales conducted through different sales channels, the price history of each channel will be assessed separately;


• Discounts offered within the scope of loyalty programs will also be subject to the discounted sales rules, provided that the relevant loyalty program is easily accessible or usable by consumers;


• Campaigns subject to a specific purchase condition, i.e., conditional sales advertisements, will also be subject to the discounted sales rules.

4. Increased Evidentiary and Disclosure Obligations Regarding Environmental Claims

The Amending Regulation requires that certifications and approvals used in advertisements containing environmental claims be substantiated by documents obtained from authorized institutions and organizations, relevant departments of universities, or accredited or independent research, testing and assessment organizations. Furthermore, general expressions such as “environmentally friendly” may no longer be used without explanation or in a manner that may create ambiguity for consumers.

Advertisements must clearly specify which component, part or stage of the lifecycle of the relevant product or service is covered by the environmental claim.

5. Rules on Consumer Reviews and Complaint Platforms Have Been Tightened

Prior to the Amending Regulation, consumer reviews were required to be submitted only by persons who had purchased the relevant goods or services and to be published according to objective criteria without distinction between positive and negative reviews.

With respect to complaint platforms, the period granted to sellers and service providers to exercise their right to provide an explanation or response has been reduced from seventy-two hours to forty-eight hours.

6. Specific Rules Have Been Introduced for Advertisements Conducted Through Social Media Influencers

Prior to the Amending Regulation, influencer advertising was assessed under the general provisions of the Regulation concerning the distinguishability of advertisements and the prohibition of covert advertising.

Under the new rules, where a social media influencer directs consumers to the advertiser’s goods or services, receives a financial benefit, free or discounted products or services, shares content relating to the advertiser’s campaigns, sweepstakes or events, or posts content in exchange for participation in an event organized by the advertiser, it must be clearly stated that the content constitutes advertising.

Such posts must include either the expression “Advertisement” or “Promotion”. In addition, the name or trade name of the advertiser, or another description clearly identifying the advertiser, must also be included in the content.

The advertising disclosure must be distinguishable from the colours and background used in the post, easily readable, and positioned in a manner that allows consumers to see it immediately upon encountering the content. The disclosure must be noticeable without requiring consumers to scroll or navigate to another area.

Where content is spread across multiple posts or used in different formats, the advertising disclosure must appear separately in each post. For audio-only content, the statement “[advertiser] contains advertising/promotional content” must be included at the beginning of the broadcast and before the advertisement.

7. Misleading Use of Academic Titles Has Been Explicitly Prohibited

Article 7 of the Regulation already required advertisements to be accurate and honest and prohibited the exploitation of consumers’ trust, lack of knowledge or lack of experience.

The Amending Regulation adds the phrase “academic titles” to this provision and expressly stipulates that academic titles may not be used in commercial advertisements and announcements in a misleading or deceptive manner.

Accordingly, academic titles used in advertisements must be accurate, verifiable and related to the advertised goods or services in a manner that does not mislead consumers.

8. New Rules Have Been Introduced Concerning the Use of Artificial Intelligence and Digital Replicas

The Regulation previously contained no specific provisions regarding AI-generated advertising content, digital characters or digital replicas of real persons.

The Amending Regulation now requires that where artificial intelligence or other software is used in advertisements in a manner capable of significantly affecting consumers’ economic behavior, or where digital characters created through AI technologies that are indistinguishable from humans are used, this fact must be disclosed in a clear, understandable and distinguishable manner.

In addition, the use in advertisements of a digital replica of a real person created through artificial intelligence technologies in a manner that falsely suggests that the person has personally experienced, used or endorsed a product or service is expressly prohibited.

You may access the relevant Amending Regulation here.
You may access the relevant Regulation here.


Aslı Kınsız, Managing Associate
Ece Koçlar, Trainee Lawyer