The Regulation on the Amendment of the Regulation on Commercial Advertisement and Unfair Commercial Practices ("Amending Regulation") 1  was published in the Official Gazette numbered 31737 dated February 1, 2022 by the Ministry of Commerce. The Amending Regulation has amendments as to Commercial Advertisement and Unfair Commercial Practices Regulation ("Regulation") 2. Some major amendments have been summarized below:

  1. With the Amending Regulation, it is now lawful for the advertisements to contain expressions or images of the patients such as hospitals before and after the treatment, which were a prohibited practices before the Amending Regulation. (Amending Regulation, Article 1)
  2. Within the scope of the 10th paragraph added to the 13th article of the Regulation, the concept of personalized price has been included into the legislations. According to the Amending Regulation, the price offered through analyzing the purchasing behavior and other personal data of the consumer for a good or service is considered to be "personalized price". In the event that a price is offered to the consumer in this way, it is stipulated that the information regarding this matter and the current sales price and personalized price determined by the seller or supplier regarding that good or service will be included in the same field to display "personalized pricing" has been used. (Amending Regulation, Article 2)
  3. Other amendment within the scope of the relevant Amending Regulation is regarding how the discount sale advertisements are displayed to provide fairer advertisement practice. In the determination of the sales price of a good or service before the discount, the lowest price applied within thirty days before the discount can be applied and displayed to consumers whereas while calculating the amount or rate of the discount in advertisements for perishable goods such as fruits and vegetables, the price before the discounted price will be taken as a basis. (Amending Regulation, Article 3)
  4. In advertisements regarding financial services, where it is stated that a good or service is offered for sale with a tied credit with the paragraph added to Article 25 of the Regulation; It has been regulated that the maturity of the loan, the interest rate, the monthly and annual percentage value of the total cost to the consumer, and the repayment conditions should be placed in the advertisement is published or on a website or pop-up screen where consumers can be directed with a link or warning sign, where they can get detailed information, and it is desired to prevent consumers from being misled. (Amending Regulation, Article 4)
  5. With the Amending Regulation, biocidal products have been added to the goods or services that have a special regulation regarding the advertisement counted within the scope of the Regulation. Advertising of drugs, human medicinal products, medical devices, health services, foods, supplements, cosmetics and cleaning products, biocidal products, tobacco products and alcoholic beverages should also comply with other provisions regarding advertising and promotion in the relevant legislation. (Amending Regulation, Article 5)
  6. Some issues have been regulated to come after the 28th article of the regulation. In this context, in case of ranking by comparing the price, quality and similar aspects of a good or service offered for sale on the internet, the information on which criteria the ranking was created by taking into account shall be displayed in the same field or in a way that can be easily seen on the pop-up screen where consumers can be directed to get detailed information by means of a link or warning sign place will be given. At the same time, it is obligatory to include the phrase "advertisement" in the ranking results displayed based on advertisements or sponsorships and similar agreements. (Amending Regulation, Article 6)
  7. In the case of enabling consumers to evaluate a good or service, or a seller or providers, by the vendors and providers or the intermediary service providers that mediate the establishment of distance contracts on their behalf in the internet environment; these evaluations will only be allowed to be made by purchasers of the relevant good or service. In addition to this; consumer evaluations should be published according to an objective criterion such as date, evaluation grade, ranking by seller or supplier for at least one year without making any positive or negative distinction after the necessary reviews. Issues related to consumer evaluations that are not allowed to be published within the framework of the determined principles and rules should be notified immediately to the consumer who makes the evaluation. (Amending Regulation, Article 6)
  8. In order to increase the sales of a good or service, inaccurate evaluations cannot be made, or an agreement cannot be made with a natural or legal person or service cannot be purchased for the use of expressions confirming the good or service. (Amending Regulation, Article 6)
  9. In addition to article 28/B of the Regulation amended by the Amending Regulation; vendors and suppliers about which evaluations are made should be given at least seventy-two hours to exercise their right to make a statement or reply before the evaluation is published. Evaluations will not be published before this period expires or if it is understood that they do not reflect the truth. (Amending Regulation, Article 6)
  10. Finally; In accordance with this Current Regulation, the issues listed below are also considered within the scope of "Deceptive Commercial Practices".

- By using a software that automates the purchasing process, purchasing event tickets such as sports, theater and conversations outside the specified limits and selling them to consumers again or at a higher price, or

- The use of methods such as guiding interface designs, options or expressions related to a good or service on the internet, which negatively affect the will of consumers to make a decision or make a choice, or which aim to change the decision to be made under normal conditions in favor of the seller or provider, "Deceptive Commercial Practices" evaluated. (Amending Regulation, Article 9)

The provisions of the Amending Regulation will enter into force on March 1, 2022. In addition, with the Additional Article 1 brought to the Regulation, it is stated that guides for commercial advertisement and unfair commercial practices will be prepared by the Board of Advertisement and these guides will be published on the website of the Ministry of Commerce. It seems that uncertain issues will be clarified through the best practice guideline.

Footnotes

1. Official Gazette numbered 31737 dated February 1, 2022. Accessed on 1 February 2022 from the link below: https://www.resmigazete.gov.tr/eskiler/2022/02/20220201-6.htm

2.Official Gazette numbered 29232 dated January 10, 2015. Accessed on 1 February 2022 from the link below: https://www.resmigazete.gov.tr/eskiler/2015/01/20150110-5.htm

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