Insights
A New Era in Turkish Personal Data Protection Legislation
Amendments to the Law on the Protection of Personal Data (“Law”) entered into force as of June 1, 2024. Please review our detailed article here about the amendments to the Law. The main actions to be taken by data controllers within the framework of the amendments are briefly as follows: 1. Providing Appropriate Safeguards for Transfers Abroad Except for cross-border transfers that are irregular, occur on one or a few occasions, are not continuous and are not in the ordinary… »
Amendments Regarding the Turkish Personal Data Protection Came into Force
The Law No. 7499 on Amending the Code of Criminal Procedure and Certain Laws (“the, which includes the long-awaited amendments to the Turkish Personal Data Protection Law (the “Law”) and is also referred to as the 8th Judicial Reform Package, was published in the Official Gazette dated 12 March 2024 and numbered 32487. Various amendments affecting data controllers have been made. Accordingly, data controllers shall review their compliance efforts with the Law, update their… »
First Legal Regulation for Artificial Intelligence Systems: AI Act
Artificial intelligence, which has become one of the most important components of modern technology, has rapidly transformed our interaction with technology, seamlessly integrating into various areas of our daily routines. AI technologies, offering significant advancements and innovative solutions in fields such as medicine, finance, transportation, education and many others, have also brought with sensitivities towards critical issues such as ethics, security and privacy.… »
Türkiye’s Update: Key Changes in Named Patient Program
Pharmaceuticals that are not authorized in Türkiye or authorized but not available on the market shall be procured from abroad as per a special authorization and on a case by case basis (Named Patient Program-NPP). This supply can be conducted by public institutions approved by the Ministry ofHealth that are defined as Foreign Pharmaceutical Suppliers (Suppliers) and currently constitute theSocial Security Institution and the Turkish Pharmacists Association. The Suppliers can… »
Advertisement Board’s Power to Block Access was Annulled
The Turkish Constitutional Court (“Court”) annulled paragraph 12 of Article 77 of the Consumer Protection Law, which granted the Advertisement Board the power to partially or entirely block access to websites containing unlawful advertising content. The relevant rule was considered to be unconstitutional pursuant to the Court’s decision dated 13 September 2023 and numbered 2022/70 E. - 2023/152 K. In its decision, the Court ruled that the scrutinized legal rules do not meet… »
New Regulations on Nutrition and Health Claims for Food and Food Supplements
The Regulation on Health Claims for Food and Food Supplements ("Regulation") entered into force through publication in the Official Gazette dated April 20, 2023 and numbered 32169. Regarding nutrition claims, the Turkish Food Codex Regulation on Nutrition Claims was published in the same Official Gazette and entered into force. The Turkish Food Codex Regulation on Nutrition and Health Claims, which regulated nutrition declarations and health declarations for food and food… »
The Guideline on Consumer Reviews
The Guideline on Consumer Reviews (“Guideline”), enacted by the Advertisement Board at the meeting dated 12.09.2023 and numbered 337, was published. The purpose of the Guideline is to inform advertisers, advertising agencies, media organizations and persons, institutions and organizations engaged in advertising activities on fundamental principles regarding consumer reviews, obligation of informing consumers and procedure for checking reviews before publication, along with… »
Discount Sale Ads and Loyalty Programs Under the Microscope
The Advertisement Board ("Board") closely monitors the discount sales campaigns, which have become a tradition in e-commerce, held in November and known as "Legendary November Discounts", "Fabulous Friday Discounts", where discounts at various rates are announced for a large number of products. The Board imposes administrative sanctions on discount sales advertisements and practices that deceive and mislead consumers and create the perception that there is a higher price… »
Alcoholic Beverage Advertisements through Alibi Branding
Brand communication of alcoholic products to consumers is strictly prohibited in Türkiye and there is full prohibition of advertisement of alcohol, any manner in all forms of media. This ban includes broadcasts on TV and radio, advertisements in cinema, product placement, printed media, as well as advertisements on social media and digital platforms. Alibi branding is an alternative mechanism for promotion of alcohol brands and in fact, this is a grey area. Although there is… »
Dark Patterns on the Advertisement Board's Agenda
Unfair commercial practices, also known as the "dark patterns", have entered the agenda of the Advertisement Board. Dark patterns may in fact be considered as unfair commercial practices regulated under the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation"). Pursuant to the Regulation, a consumer-oriented commercial practice is deemed to be unfair if it does not comply with the requirements of professional care and if it significantly impairs… »
Does Artificial Intelligence Tell the Truth?
Being aware of the fact that technological developments have diversified the ways in which commercial advertisements are created and presented to consumers, the Advertisement Board ("Board") scrutinized the advertising content created by artificial intelligence for the first time during its meeting dated September 12, 2023 and numbered 337. In Türkiye, there is no regulation that directly addresses advertisements created by using artificial intelligence. The Board evaluated… »
Green Or Simply Greenwashing?
Advertisers frequently integrate environmental claims into their advertisements and promotions to portray their products and services as eco-friendly or green, and to shape consumers’ perception as to their positive environmental impact. This is particularly influenced by the growing environmental consciousness among consumers and advertisers. However, to prevent advertisements that may be false and misleading to consumers, or which exploit their environmental sensitivity… »