Dark Patterns Under Turkish Law: A Current Assessment In Light Of The 2026 Amendments To The Regulation On Commercial Advertising And Unfair Commercial Practices

1. Introduction

Dark patterns are user interface designs deployed in digital environments to manipulate consumers' decision-making processes by steering them towards purchases, subscriptions, data-sharing practices, or advertising preferences that are contrary to their own interests. Although the concept of dark patterns has not been expressly regulated as a standalone legal institution under Turkish law, an assessment of the Consumer Protection Law No. 6502, the Regulation on Commercial Advertising and Unfair Commercial Practices, personal data protection legislation, and the enforcement practice of the Advertising Board demonstrates that such practices primarily fall within the legal framework governing unfair and deceptive commercial practices. The provision concerning manipulative user interface designs, introduced into the Regulation in 2022, constituted the first explicit legal basis for addressing dark patterns under Turkish law. The amendments to the Regulation, which entered into force on 1 July 2026, have further expanded this framework by introducing new transparency obligations and prohibitions concerning targeted advertising, AI-generated advertisements, discount advertising, consumer reviews, environmental claims, and advertisements disseminated through social media influencers. As a result, the legal debate surrounding dark patterns has evolved beyond the confines of unfair commercial practices and now forms part of a broader digital consumer protection regime.

In digital markets, consumers are no longer influenced solely by advertising copy or traditional sales representations. Their decision-making process is increasingly shaped by user interface design, the placement of buttons, color schemes, pre-selected options, cookie consent banners, personalized advertising, AI-generated visuals, influencer content, consumer reviews, and algorithmic recommendations. Accordingly, protecting consumer autonomy in the digital environment extends beyond merely preventing the dissemination of misleading information. The manner in which information is presented, the options that are emphasized, the choices towards which consumers are steered, and the ease with which they can refuse, opt out, or exit a process have all become subject to legal scrutiny.

Dark patterns constitute one of the most prominent manifestations of this transformation. They are generally defined as deceptive user interface designs that are intentionally created to manipulate users into making choices that are contrary to their own interests. Such practices may take various forms, including the concealment of material information, the use of misleading wording, the visual prioritization of certain options over others, or the application of emotional pressure to influence consumer behavior.

Under Turkish law, dark patterns were long assessed within the general framework governing unfair commercial practices. However, following the 2022 amendment to the Regulation on Commercial Advertising and Unfair Commercial Practices, practices that adversely affect consumers' freedom of decision-making or choice through manipulative interface designs, options, or wording in online environments were expressly classified as examples of deceptive commercial practices. Although the Regulation does not expressly use the term "dark patterns," the concept has been explicitly recognized in the decisions of the Advertising Board, the authority responsible for enforcing the Regulation.

The amendments to the Regulation, published in the Official Gazette No. 33297 on 1 July 2026, have brought the debate on dark patterns into even sharper focus. The amendments introduce new rules across a broad range of areas, including targeted advertising, AI-generated advertisements, promotions by social media influencers, and discount advertising. These amendments will enter into force on 1 August 2026.

2. The Normative Basis of Dark Patterns Under Turkish Law

The principal legal basis governing dark patterns under Turkish law is found in the Consumer Protection Law No. 6502 and the Regulation on Commercial Advertising and Unfair Commercial Practices. Law No. 6502 prohibits commercial advertisements that are deceptive or misleading and, through its provisions on unfair commercial practices, treats practices that distort consumers' economic behavior as unlawful.

Within the framework of the Regulation on Commercial Advertising and Unfair Commercial Practices, dark patterns should be assessed primarily through three key concepts: professional diligence, the average consumer, and the material distortion of consumers' economic behavior. In the context of dark patterns, traders or service providers design digital interfaces in a manner that undermines consumers' ability to make informed decisions. Accordingly, the mere fact that a consumer clicked a button on a screen should not, in itself, be regarded as determinative. The critical question is the conditions under which the consumer made that choice and whether the interface was designed to influence that decision.

Treating dark patterns within the legal framework governing unfair commercial practices is both appropriate and justified. In most cases involving dark patterns, the essential elements of an unfair commercial practice coexist: a commercial practice, a lack of professional diligence, and a material distortion of the average consumer's behavior. Among the existing legal mechanisms under Turkish law, dark patterns are most appropriately addressed through the legislation governing unfair commercial practices, as the defining elements of that regime are likewise present in the context of dark patterns.

In this respect, the fundamental principle under Turkish law is clear: it is not sufficient merely to give the appearance that consumers have a choice. The choice must be genuine, transparent, easy to exercise, and free from manipulation in favor of the trader or service provider. Where the "Accept" option is prominently displayed while the "Reject" option is obscured; where subscribing is straightforward but cancellation is unnecessarily burdensome; where consumers are required to provide payment details in order to access a "free" trial; or where a purported discount is based on a fictitious reference price, the issue is no longer one of formal consent, but of consumer behavior that has been deliberately steered.

3. The Significance of the 2026 Amendments for the Regulation of Dark Patterns

Although the 2026 amendments to the Regulation were not introduced under the explicit heading of “dark patterns,” they contain several provisions that significantly expand the legal framework governing such practices. In particular, the amendments are noteworthy in four key areas: targeted advertising, AI-generated and deepfake advertisements, discount advertising, and consumer reviews.

3.1. Targeted Advertising and the Transparency Obligation

The amendments to the Regulation expressly recognize targeted advertising within the framework of Turkish advertising law. They introduce specific rules governing the delivery of personalized advertising based on the analysis of consumers' online behavior and personal data, while requiring advertisers to provide consumers with direct and easily accessible information explaining the criteria used to determine why a particular advertisement is displayed to them and how those criteria can be modified.

This amendment is particularly significant from the perspective of dark patterns. Targeted advertising frequently relies on data processing and profiling practices that remain invisible to consumers. Where consumers do not understand why a particular advertisement has been shown to them, which of their personal data has been used, or how they can modify the underlying preferences, the advertising experience can no longer be regarded as transparent. In such circumstances, the practice may evolve into a digital commercial practice that exploits information asymmetries to steer consumer decision-making.

By introducing an obligation to disclose the criteria underlying targeted advertising, the new Regulation establishes an important preventive safeguard against dark patterns. Its effectiveness, however, will ultimately depend on whether such information is presented in a manner that is genuinely visible, clear, and comprehensible. If the relevant criteria are buried within lengthy, complex, or difficult-to-access menus, the risk posed by dark patterns will persist, even where the formal obligation to provide information has technically been satisfied.

3.2. Prohibition of Profiling Children for Targeted Advertising

The amendments to the Regulation prohibit targeted advertising directed at children where such advertising is based on profiling through the processing of personal data. This prohibition establishes a distinct layer of protection against dark patterns. Child consumers are inherently more vulnerable than adults when interacting with digital interfaces. Gamified advertising, personalized recommendations, visually prominent buttons, virtual characters, and influencer content are all capable of exerting a particularly strong influence on children's decision-making processes.

Accordingly, the prohibition on profiling children is significant not only from the perspective of data protection law, but also in safeguarding consumer autonomy. Since dark patterns are fundamentally designed to exploit users' behavioral vulnerabilities, targeted advertising based on children's personal data gives rise to an even greater risk of manipulation.

3.3. AI-Generated Advertisements and the Prohibition of Deepfakes

The amendments to the Regulation also introduce new obligations with respect to AI-generated advertisements. Where advertising content features AI-generated digital characters that are indistinguishable from real persons, advertisers are required to disclose this fact in a manner that is clear, comprehensible, and readily distinguishable. In addition, the Regulation prohibits advertisements that use AI technology to create a digital replica of a real person in a way that gives consumers the impression that the individual has personally experienced or endorsed a particular product or service.

The amendments are drafted broadly enough to extend beyond AI systems and encompass other software used to generate content capable of materially influencing consumers' economic behavior. In this respect, the provision should be interpreted broadly in practice to ensure that its scope is not confined solely to AI-based technologies.

This development is of critical importance for the future regulation of dark patterns. AI-assisted content has an unprecedented capacity to create a perception of authenticity among consumers. A digital character that speaks like a real person, a digital replica portraying an individual as though they had personally experienced a product, or the manipulation of visual reality can all directly influence consumers' trust and purchasing decisions. The new rules therefore regulate not only the content of advertisements, but also the perception of authenticity that those advertisements are capable of creating.

3.4. Discount Advertising, Loyalty Programs, and False Urgency

The 2026 amendments also introduce significant changes to the rules governing discount advertising. Conditional sales promotions are now expressly subject to the same requirements applicable to discount advertising. In addition, the Regulation provides that, in discount advertisements, the reference price may be no higher than the lowest price applied during the ten days preceding the commencement of the discount campaign. For advertisements relating to perishable goods, such as fruit and vegetables, as well as services, the reference price must instead be the price charged immediately before the discounted price was introduced.

The amendments also expressly provide, for the first time, that advertisements relating to loyalty programs which are readily accessible to, or readily usable by, consumers are subject to the rules governing discount advertising. Conditional sales promotions have likewise been brought within the scope of these rules. Nevertheless, the concept of a loyalty program that is “readily accessible or readily usable” is likely to give rise to interpretative questions in practice, as the boundaries of this criterion remain open to debate.

These amendments are particularly significant in the context of dark patterns, as false discounts, false urgency, and false scarcity are among the most prevalent forms of manipulative design in digital markets. Where consumers are influenced by claims such as “last chance,” “today only,” “members only,” “discount applied at checkout,” or “exclusive for purchases over TRY 500,” without a clear indication of the genuine reference price, they cannot make informed economic decisions. The new rules are therefore intended to limit the use of pricing information as a tool of consumer manipulation.

3.5. Consumer Reviews and Social Proof

The new Regulation introduces stricter rules governing consumer reviews. Reviews obtained from platforms where the underlying purchase cannot be verified may no longer be published. Furthermore, where reviews are presented under separate categories—such as the product, service, delivery, seller, or service provider—all such categories must be displayed within the same section in a manner that is clear, comprehensible, readily distinguishable, and easily accessible.

This amendment directly addresses the use of “fake social proof,” one of the most common forms of dark patterns. Consumer reviews, ratings, and rankings exert a significant influence on purchasing decisions in digital markets. Reviews that are not based on genuine consumer experiences, or that are selectively displayed, may create a false sense of trust among consumers. The new rules therefore recognize that consumer reviews are not merely promotional tools, but constitute a critical source of information that shapes consumers' economic decision-making.

Conclusion

Under Turkish law, dark patterns can no longer be assessed solely through the provision on manipulative interface designs introduced into the Annex to the Regulation in 2022. The 2026 amendments have significantly expanded the regulatory landscape by extending it to a broad range of digital marketing practices, including targeted advertising, artificial intelligence, deepfakes, discount advertising, loyalty programs, conditional sales promotions, consumer reviews, and influencer advertising.

These amendments reflect three notable developments in Turkish advertising law. First, advertising regulation is no longer confined to the content of advertisements themselves, but increasingly extends to the technological infrastructure and user interfaces through which advertising is delivered. Second, the use of personal data and profiling techniques that influence consumers' economic behavior has become a visible and integral aspect of advertising law. Third, obligations relating to transparency and verifiability have assumed an increasingly central role within the regulatory framework.

In our view, the following principles will become increasingly important in combating dark patterns under the new regulatory framework: the options presented to consumers should be visually and functionally symmetrical; the reasons why targeted advertisements are displayed should be clearly disclosed; realistic AI-generated content should be readily distinguishable from authentic content; discount claims should be based on genuine and verifiable reference prices; consumer reviews should be verifiable; and children should be protected from profiling-based advertising practices.

In conclusion, the 2026 amendments have significantly strengthened the legal framework governing dark patterns under Turkish law. They have transformed the issue from one concerned merely with “button design” or “subscription cancellation” mechanisms into a broader consumer protection matter that encompasses the digital advertising ecosystem as a whole.