Information Note On The Amendments To The Regulation On Commercial Advertising And Unfair Commercial Practices

The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices (the “Amending Regulation”), published in the Official Gazette dated 1 July 2026 and numbered 33297, introduced significant amendments in the field of advertising law. The amendments aim to establish a legal framework for emerging practices in digital advertising and to enhance the protection of consumers against misleading advertisements and unfair commercial practices. In this regard, new obligations and implementation principles have been introduced in a wide range of areas, particularly targeted advertising, advertising content generated using artificial intelligence, advertising carried out through social media influencers, environmental claims, consumer reviews and price reduction advertisements.

Amendments to the Definitions

With the amendment made to the definitions section of the Regulation, certain concepts frequently encountered in advertising practices but not previously defined in the Regulation have been introduced into the legislation for the first time. In this context, the scope of the concepts of “environmental claim”, “social media”, “social media influencer” and “consumer reviews” has been determined, thereby establishing the legal framework for the implementation of the new obligations set forth in the Regulation.

Regulations on Environmental Claims

Under the new regulation, general environmental expressions such as “environmentally friendly”, “green”, “nature-friendly”, “carbon neutral”, “recyclable” and similar expressions may no longer be used in advertisements without any explanation. Advertisers are now required to clearly specify the scope of such claims and to explain to consumers the stage of the life cycle of the goods or services to which the environmental claim relates (e.g. production, distribution, use, recycling).

In addition, a new burden of proof has been introduced to ensure that environmental certificates, documents or approvals used in advertisements are reliable and verifiable. Accordingly, certificates and similar documents substantiating environmental claims must be issued by authorised public institutions and organisations, relevant departments of universities, or accredited or independent research, testing and assessment organisations. Advertisers are thus required to substantiate their environmental claims with objective and verifiable data.

Furthermore, explanatory information regarding the methods used to measure or assess environmental impacts must be provided either in the medium in which the advertisement is published or on a website or pop-up screen accessible to consumers via a link, QR code or similar means of redirection.

Regulations on Consumer Reviews

The Amending Regulation has significantly revised the rules governing consumer reviews published online. Accordingly, only persons who have purchased the relevant goods or services will be permitted to submit consumer reviews, and reviews obtained from platforms where the purchase process cannot be verified may not be published.

In addition, consumer reviews must be published for at least one year in accordance with objective criteria, without any distinction based on whether they are positive or negative. The publication of reviews containing health claims has been prohibited, and commissioning false reviews or purchasing services for this purpose has also been expressly prohibited. Furthermore, where a consumer grievance has been remedied, this fact must, following the necessary verification, be published in the same place as the original review.

Regulations on Advertisements Carried Out Through Social Media Influencers

As also stated in the public announcement made by the Ministry of Trade (the “Ministry”), the increasing influence of social media platforms on consumers’ purchasing decisions necessitates that the advertising nature of commercial content appearing on such platforms be disclosed in a clear and distinguishable manner. In this regard, the Amending Regulation has made it mandatory for posts made by social media influencers, where any direct or indirect benefit is provided, such as a fee, commission, free or discounted goods or services, an invitation to an event or any similar benefit, to include the terms “advertisement” or “promotion” in a manner that enables consumers to clearly understand the advertising nature of the relevant post. Accordingly, the aim is to ensure a clear distinction between posts made for advertising purposes and content reflecting personal opinions, experiences or recommendations, and to prevent consumers from being misled.

Regulations on Price Reduction Advertisements

Under the Amending Regulation, whereas the lowest price applied during the thirty days preceding the date on which the price reduction was applied was previously taken as the basis for determining the pre-reduction sales price, this period has been redefined as the ten days preceding the start date of the price reduction. Accordingly, the period to be taken into account in determining the reference price prior to a price reduction has been significantly shortened.

In this context, where the same goods or services are offered for sale through different sales channels (such as physical stores, websites or mobile applications), only the price applied through the sales channel in which the price reduction is offered will be taken into account when determining the pre-reduction price. Therefore, a price applied through one sales channel may no longer be used as the reference price for a price reduction campaign conducted through another sales channel.

In addition, it has been stipulated that the provisions governing price reduction advertisements will also apply, subject to certain conditions, to advertisements for discounts offered under loyalty programmes.

Furthermore, conditional sales advertisements in which a price reduction or another benefit is provided subject to the purchase of a specified quantity of goods or the fulfilment of a particular condition have also been specifically regulated under the Regulation.

Regulations on Consumer Complaint and Review Platforms

The Amending Regulation has also introduced changes to the procedures and principles applicable to platforms on which consumer complaints are published. As also stated in the public announcement made by the Ministry, the amendments aim to ensure that consumer reviews are published within a shorter period and that consumers are able to access up-to-date reviews more quickly. In this context, the seventy-two-hour period granted to sellers or providers to exercise their right to provide an explanation or response before consumer complaints are published has been reduced to forty-eight hours. Accordingly, if the seller or provider fails to respond within forty-eight hours, the consumer review or complaint may be published directly by the platform.

Regulations on Advertisements Generated Using Artificial Intelligence

Taking into account the increasingly widespread use of artificial intelligence technologies in advertising activities, the Amending Regulation has introduced new provisions aimed at preventing consumers from being misled and ensuring transparency in advertising activities. In this context, where artificial intelligence or other software is used in a manner that may significantly affect consumers’ economic behaviour, or where advertisements feature digital characters created using artificial intelligence technologies that are indistinguishable from humans, this must be clearly and understandably disclosed. Accordingly, the aim is to ensure that consumers are aware that the advertising content they encounter has been created with the support of artificial intelligence and can assess their purchasing decisions accordingly.

In addition, the Amending Regulation prohibits advertisements in which a digital replica of a real person created using artificial intelligence technologies falsely gives the impression that such person has personally experienced, used or recommended goods or services. This provision is particularly aimed at preventing misleading advertising practices created using “deepfake” technologies that create the impression among consumers that a product has been used or recommended by a real person.

Regulations on Targeted Advertising

The Amending Regulation has introduced specific provisions on targeted advertising for the first time and established the fundamental principles governing the use of personal data in the field of digital advertising. These provisions aim to increase transparency in advertising activities carried out through the analysis of consumers’ online behaviour and personal data and to ensure that consumers are more effectively informed about such practices. In this context, activities whereby sellers and providers, as well as intermediary service providers facilitating the conclusion of distance contracts on their behalf, analyse consumers’ online behaviour, past preferences, location data, demographic data or similar personal data in order to present advertising content tailored to specific individuals or groups have been defined as “targeted advertising”.

Under the Amending Regulation, targeted advertising activities may only be carried out provided that consumers are given direct and easily accessible information on the criteria used to determine why the advertisement is shown to them and how such criteria may be changed. In addition, a specific provision has been introduced for the protection of children. Accordingly, where it is known or may reasonably be expected to be known that the consumer is a child, targeted advertising based on profiling methods using personal data is prohibited. This provision is understood to aim at preventing children’s personal data from being used for commercial purposes and strengthening the protection afforded to child consumers in the field of digital advertising.

Furthermore, given that these provisions directly affect advertising activities based on personal data, it is also important to review targeted advertising processes within the framework of the applicable data protection legislation.

Conclusion

The Amending Regulation has introduced significant new obligations for advertisers, intermediary service providers, social media influencers and digital platforms, taking into account recent developments in the field of digital advertising. In particular, the provisions concerning targeted advertising, advertising content created using artificial intelligence, environmental claims, consumer reviews and price reduction campaigns will require companies to review their existing practices in the planning and conduct of advertising activities. In this context, it is important that companies review their internal policies and practices before the effective date in order to ensure that their advertising and marketing activities comply with the provisions of the Amending Regulation.

Effective Date

The Amending Regulation, the provisions of which will be implemented by the Ministry of Trade, will enter into force on 1 August 2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.