Navigating Turkey’s New Regulation on Remote Sales and Market Surveillance: What You Need to Know

Navigating Turkey’s New Regulation on Remote Sales and Market Surveillance: What You Need to Know

Turkey’s e-commerce landscape is evolving rapidly, and with it comes more robust regulations aimed at protecting consumers and ensuring product safety. One of the most significant developments is the new Regulation on Market Surveillance and Inspection of Products Placed on the Market through Remote Communication Tools (“the Regulation”), set to come into effect on April 1, 2025. Below, we break down the key highlights, obligations, and implications of this Regulation for businesses that sell or advertise products remotely to users in Türkiye.

1. Overview and Purpose

The primary objective of this Regulation is to govern all products offered or made available on the market through remote communication tools. These include sales or promotional activities carried out via the internet, television, radio, catalog, phone, and any other channel that facilitates transactions without face-to-face contact. More specifically, it aims to:

• Ensure product safety by setting forth clear obligations for manufacturers, importers, authorized representatives, distributors, fulfillment service providers, and online marketplace operators.
• Provide guidelines for displaying essential product information in remote sales channels (such as online listings or broadcasts) to help consumers make informed decisions.
• Define responsibilities for regulators (termed “competent authorities” in the Regulation) to carry out market surveillance and enforcement.

By establishing these rules, the Turkish government seeks to fortify consumer protection in remote transactions, aligning with the country’s broader goal of maintaining high product safety standards across all commercial platforms.

2. Scope of the Regulation

According to Article 2, this Regulation applies to all products offered or present on the Turkish market through remote communication tools, except where there are more specific legal provisions governing certain product categories or sales channels. If a product is sold, advertised, or promoted through an e-commerce site or other remote means and targets end users in Türkiye, it likely falls under the umbrella of this Regulation.

Notably, the Regulation clarifies that certain indicators imply the targeting of Turkish end users, such as:

• Availability of Turkish language options.
• Displaying or accepting Turkish Lira prices.
• Offering shipment to Turkish addresses.

These factors help determine whether a foreign seller is considered to be operating within Türkiye’s jurisdiction for the purposes of the Regulation.

3. Key Definitions

To properly interpret the Regulation, it is helpful to be familiar with some important definitions:

• Economic Operator (İktisadi İşletmeci): This encompasses manufacturers, importers, authorized representatives, distributors, and other parties with responsibility for placing products on the market.
• Authorized Representative (Yetkili Temsilci): A Turkey-based individual or entity appointed in writing by a manufacturer to fulfill certain legal obligations on its behalf.
• Fulfillment Service Provider (İfa Hizmet Sağlayıcı): Companies providing at least two of the following: warehousing, packaging, addressing, and shipping services, without taking ownership of the products.
• Online Marketplace (Aracı Hizmet Sağlayıcı): A platform that allows other parties to engage in commercial activities, such as listing and selling products electronically.

Understanding these designations is crucial for determining who bears which responsibilities under the new rules.

4. Obligations of Economic Operators

4.1 General Requirements

Articles 5 and 7 of the Regulation reiterate that products sold through remote channels must comply with relevant technical regulations and general product safety laws (including Turkey’s Product Safety and Technical Regulations Law No. 7223 and the General Product Safety Regulation).

4.2 Authorized Representative

If a manufacturer is not based in Türkiye, the manufacturer’s authorized representative (or, in some cases, the importer or fulfillment service provider) must:

• Display their name, registered trade name/brand, and address on the product or its packaging, or include these details in accompanying documentation.
• Ensure the product meets all technical and safety requirements before placing it on the Turkish market.

4.3 Fulfillment Service Providers

Fulfillment service providers who do not alter products in any way that impacts their safety are typically regarded as distributors. However, if they apply their own brand or otherwise modify the product in ways that may affect compliance, they could be seen as manufacturers and must fulfill all relevant manufacturing obligations.

In cases where no Turkey-based manufacturer, importer, or authorized representative exists, a fulfillment service provider may be required to undertake certain compliance responsibilities (Article 9).

4.4 Online Marketplaces

Online marketplace providers have specific duties (Article 10), including:

• Platform Design: Ensuring their digital interface displays mandatory product information (e.g., manufacturer/importer details, safety warnings, and compliance marks).
• Take-Down Measures: Removing or blocking access to content that violates product safety requirements within 24 hours of receiving notice from the competent authority.
• Notification Requirements: If the platform learns of a product recall or safety hazard, it must inform past purchasers (where feasible) and work with authorities to remove the item.
• Recordkeeping: Retaining data on the seller and supply chain for at least ten years.

5. Market Surveillance and Enforcement

5.1 Competent Authorities’ Powers

Under Article 12, Turkish authorities have broad powers to conduct market surveillance, including purchasing products anonymously via remote channels for inspection. If they identify non-compliant products, they can:

• Order corrective measures and demand that operators fix any irregularities.
• Request online marketplaces to remove or block access to listings of unsafe or non-compliant products.
• Notify broadcast media providers (like TV or radio) to halt advertising or sales of offending products.

If compliance isn’t achieved within set deadlines, regulators can escalate actions, including blocking access to specific URLs or penalizing responsible operators under the Product Safety and Technical Regulations Law No. 7223.

5.2 Temporary Suspension

When a product presents a serious risk, authorities may temporarily suspend its sale and promotion while carrying out a more thorough risk assessment. If needed, they can also require a visible warning to customers visiting the relevant online page or broadcast channel.

5.3 Penalties

Violations of these rules can lead to administrative penalties in line with Law No. 7223 and other relevant legislation, as outlined in Article 13 of the Regulation.

6. When Does This Take Effect?

The Regulation will enter into force on April 1, 2025. Businesses should use the interim period to review their operations, update their legal and technical documentation, and ensure alignment with these new requirements. This may involve revising product listings on e-commerce platforms, strengthening internal compliance checks, and formalizing roles for authorized representatives or fulfillment service providers.

7. Practical Steps for Compliance

1. Audit Your Product Line: Confirm that every item sold or advertised remotely meets Turkish technical regulations and safety standards.
2. Review Online Listings: Ensure all mandatory information—manufacturer/importer name, brand, safety markings, warnings—is displayed clearly.
3. Clarify Roles: Identify whether you act as a manufacturer, importer, distributor, or authorized representative. If needed, appoint an authorized representative in Türkiye and clearly define responsibilities.
4. Develop a Take-Down Process: If you operate an online marketplace, create an internal process to respond within 24 hours to official removal requests.
5. Maintain Records: Keep supply chain and product compliance documents organized for quick access by the authorities.
6. Monitor Updates: Keep an eye on the Ministry of Trade announcements for any amendments or further guidance ahead of the April 2025 deadline.

Conclusion

Turkey’s new Regulation on the market surveillance and inspection of products sold through remote communication tools underscores the country’s commitment to consumer safety and transparent e-commerce practices. By establishing clear guidelines and streamlined enforcement procedures, the Turkish government is setting a higher standard for online and remote marketplaces.

Whether you are a local or international business, compliance with these rules will be crucial for a successful operation in Türkiye’s growing e-commerce sector. Taking proactive steps now will help businesses avoid penalties and build trust with consumers—ensuring a smoother transition when the Regulation officially takes effect.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific guidance on how this Regulation might affect your business, consult a legal professional or contact the relevant Turkish authorities.