Introduction
Unfair commercial practices are one of the most important subjects in Turkish advertising law. In a competitive market, businesses naturally use advertising, sales techniques, promotions, discount campaigns, digital interfaces and personalized marketing tools to influence consumer decisions. However, Turkish law draws a clear boundary between lawful commercial persuasion and unlawful manipulation. When a commercial practice misleads consumers, hides essential information, distorts consumer choice or uses aggressive methods, it may be considered an unfair commercial practice.
The concept of unfair commercial practices in Turkish advertising law is especially important for companies, advertising agencies, e-commerce platforms, marketplaces, influencers, social media managers, mobile application operators, digital marketing agencies, financial service providers, health-related businesses and foreign investors targeting Turkish consumers. This is because unfair commercial practices are not limited to traditional advertisements. They may appear in website designs, subscription flows, product rankings, discount banners, fake reviews, influencer content, targeted advertising, commercial electronic messages, AI-generated advertisements and checkout pages.
The main legal framework is based on Law No. 6502 on the Protection of Consumers and the Regulation on Commercial Advertising and Unfair Commercial Practices. The Advertising Board, known in Turkish as the Reklam Kurulu, is the key administrative authority responsible for supervising commercial advertisements and unfair commercial practices. The Ministry of Trade describes the Advertising Board as the authority responsible for determining advertising principles, protecting consumers against unfair commercial practices, conducting examinations and imposing sanctions such as suspension, correction and administrative fines.
In recent years, unfair commercial practices have become a more dynamic compliance area because consumer behavior has shifted heavily toward online platforms. Consumers are exposed to more advertisements, listings, rankings and promotional content through digital channels. The Ministry of Trade announced that amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices were published in the Official Gazette on 1 July 2026, with the purpose of strengthening consumer protection against misleading advertisements and unfair commercial practices in digitalized markets.
This article explains the legal meaning of unfair commercial practices under Turkish advertising law, the main types of unlawful practices, the role of the Advertising Board, the importance of digital advertising compliance, sanctions and practical steps businesses should take to reduce legal risk.
Legal Framework of Unfair Commercial Practices in Turkey
Unfair commercial practices are regulated primarily under Turkish consumer protection law. The core legislation is Law No. 6502 on the Protection of Consumers. This law aims to protect consumers’ health, safety and economic interests, to prevent misleading practices and to ensure that consumers can make informed decisions in the marketplace.
The Regulation on Commercial Advertising and Unfair Commercial Practices provides more detailed rules. It sets out the principles that commercial advertisements and commercial practices must follow. It also provides the legal basis for assessing misleading and aggressive commercial practices.
The Ministry of Trade’s consumer information materials explain that commercial advertisements must comply with the principles determined by the Advertising Board and that advertisements must not be misleading, exploit consumers’ lack of knowledge or experience, endanger life or property safety, encourage violence or crime, harm public health or exploit vulnerable groups such as patients, elderly persons, children and persons with disabilities.
The legal framework also connects unfair commercial practices with other fields of law. A digital unfair practice may also raise issues under personal data protection law, electronic commerce law, unfair competition law, intellectual property law or sector-specific legislation. For example, a misleading health-related advertisement may violate both general advertising rules and health sector regulations. A deceptive e-commerce campaign may violate advertising law, distance sales rules and unfair competition principles at the same time.
Therefore, a proper legal assessment should not focus only on the wording of the advertisement. It should consider the full commercial practice, including the consumer journey, the platform design, the visibility of essential information, the clarity of price terms, the authenticity of reviews, the existence of sponsorship, the use of personal data and the vulnerability of the target audience.
What Is an Unfair Commercial Practice?
An unfair commercial practice is a business practice that does not comply with the requirements of professional diligence and materially distorts, or is likely to materially distort, the economic behavior of the average consumer. In simple terms, it is a commercial action, omission, representation or sales method that prevents consumers from making a free and informed choice.
Unfair commercial practices can occur before, during or after a consumer transaction. They may appear in advertisements, online product listings, price displays, sales presentations, subscription pages, after-sale services, cancellation processes, complaint handling systems or customer review mechanisms.
For example, a business may advertise a product with an unreal discount. A website may hide mandatory fees until the final checkout stage. A mobile application may make cancellation unnecessarily difficult. A platform may publish fake positive reviews and suppress negative ones. A seller may falsely claim that a product is available only for a very short time. An influencer may promote a product without disclosing the commercial relationship. A subscription provider may design its interface in a way that makes it easy to subscribe but very difficult to cancel.
All of these examples may affect the consumer’s economic behavior. The consumer may purchase a product, pay a higher price, enter into a subscription, choose one seller over another or continue using a service because of misleading or manipulative commercial conduct.
Misleading Commercial Practices
Misleading practices are one of the most common forms of unfair commercial practices. A practice may be misleading if it includes false information, presents correct information in a deceptive manner, omits essential information or creates a false overall impression.
The key issue is the consumer’s perception. Turkish advertising law does not only examine whether a statement is literally false. It also evaluates whether the average consumer is likely to be misled by the overall commercial presentation. This means that visuals, page design, font size, disclaimers, pop-ups, countdown timers, product photos, comparison tables, rankings and checkout messages may all be relevant.
Misleading commercial practices may concern the main characteristics of goods or services, price, discount rate, stock availability, delivery conditions, refund rights, cancellation rules, sponsorship, consumer reviews, environmental benefits, health effects or market superiority.
For example, a product may be advertised as “50% off” even though the previous price was increased shortly before the campaign. A seller may claim “limited stock” although the product is actually widely available. A service provider may advertise “free trial” but automatically charge consumers after the trial period without sufficient disclosure. A business may use statements such as “number one,” “best in Turkey,” “clinically proven” or “doctor recommended” without reliable evidence.
In all these cases, the commercial practice may distort the consumer’s decision-making process. Businesses should remember that even technically accurate information may be misleading if it is presented in a way that creates a wrong commercial impression.
Misleading Omissions
Unfair commercial practices may occur not only through false statements but also through omissions. A misleading omission exists when essential information is hidden, delayed, presented unclearly or not provided at all.
Consumers need certain information to make informed decisions. This includes the real price, mandatory costs, delivery charges, campaign conditions, stock limitations, cancellation rules, subscription terms, product limitations, health warnings and material restrictions. If this information is hidden in small print, placed in a separate document, disclosed only after the consumer has already been influenced or made difficult to access, the practice may be unlawful.
For example, an online platform may advertise a hotel room at a low price but disclose mandatory service fees only at the final payment step. A subscription service may emphasize monthly pricing but hide annual commitment terms. A cosmetics brand may highlight product benefits but fail to disclose that the visual effect shown in the advertisement was created with filters. A financial service may advertise low installment amounts but fail to clearly show the total cost.
The central legal question is whether the omitted information would have affected the consumer’s economic decision. If the answer is yes, the omission may be treated as unfair.
Aggressive Commercial Practices
Aggressive commercial practices are another important category. These practices involve harassment, coercion, undue influence or pressure that significantly restricts the consumer’s freedom of choice.
Aggressive practices may be physical, verbal, psychological or digital. Traditional examples include persistent unwanted sales pressure, intimidating language, misleading threats, pressure on vulnerable consumers or refusing to leave a consumer alone until a purchase is made. In modern digital markets, aggressive practices may appear through repeated pop-ups, manipulative cancellation flows, misleading urgency messages, forced consent mechanisms or interface designs that pressure the consumer into a decision.
The main issue is whether the consumer’s ability to make a free decision is impaired. A business may use persuasive marketing, but it cannot use pressure or manipulation that deprives the consumer of meaningful choice.
Aggressive practices are particularly risky when directed at elderly consumers, children, patients, persons in financial difficulty or consumers with limited technical knowledge. These groups may be more vulnerable to pressure and manipulation. Turkish advertising law therefore requires businesses to avoid exploiting such vulnerabilities.
Digital Dark Patterns as Unfair Commercial Practices
Digital dark patterns are among the most important modern examples of unfair commercial practices. A dark pattern is a user interface design that manipulates or deceives consumers into making decisions they would not otherwise make.
Examples include pre-selected paid add-ons, hidden cancellation buttons, confusing subscription termination steps, false countdown timers, misleading “only one left” messages, forced consent flows, hard-to-find rejection options, automatic renewals hidden in free trials, disguised advertisements and checkout designs that conceal additional costs.
The Advertising Board has expressly focused on manipulative digital designs. In its 369th meeting held on 14 May 2026, the Board stated that manipulative interface designs that negatively affect consumers’ decision-making are treated as unfair commercial practices. In the same meeting, the Board reviewed 156 files, found 146 unlawful, imposed approximately 23 million TL in administrative fines and decided to block access to 17 advertisements.
This enforcement approach is highly significant for e-commerce websites, online marketplaces, mobile applications, travel platforms, subscription services and digital service providers. It means that compliance is not limited to text. The design of the consumer journey itself may be examined.
A business may have accurate terms and conditions, but if the interface hides essential information or manipulates consumer choice, the practice may still be unlawful. For this reason, legal compliance teams should review website design, mobile app flows, checkout pages, subscription pages, cookie banners and cancellation procedures together with marketing teams.
Unfair Practices in E-Commerce
E-commerce is one of the most common areas where unfair commercial practices occur. Online sellers and marketplaces use product rankings, sponsored placements, limited-time offers, discount campaigns, reviews, comparison tools and recommendation algorithms to influence consumers. These tools are not unlawful by themselves, but they may become unfair if they mislead or manipulate consumers.
A marketplace may engage in unfair practice if it does not clearly disclose that a product ranking is influenced by paid promotion. A seller may act unfairly if it advertises a fake discount. A platform may mislead consumers if it allows fake reviews or selectively hides negative reviews. A website may distort consumer choice if mandatory costs are added only at the end of the checkout process.
The 2026 amendments specifically addressed consumer reviews. According to the Ministry of Trade, consumer reviews obtained from platforms where the purchase process cannot be verified may not be published. Where reviews are categorized under headings such as product, service, delivery, seller or provider, all reviews must be shown clearly, understandably, distinguishably and accessibly.
This development is important because consumers often rely heavily on online reviews. Fake or manipulated reviews may be more persuasive than traditional advertising. For this reason, review systems should be transparent, verifiable and fair.
Unfair Discount and Price Practices
Price is one of the strongest factors affecting consumer decisions. Therefore, unfair practices involving prices, discounts and campaigns are closely monitored in Turkish advertising law.
A discount practice may be unfair if the previous price is false, the discount rate is exaggerated, the campaign conditions are hidden, the stock is extremely limited but not disclosed, or the product was never actually sold at the stated pre-discount price.
The Ministry of Trade announced that in the 2026 amendments, conditional sales advertisements providing discounts or other benefits are subject to discount advertising rules. The Ministry also stated that in discount advertisements, the lowest price applied within the last ten days before the discount may be shown as the pre-discount price; for perishable goods such as fruits and vegetables and for services, the previous price is taken as the basis.
Businesses should therefore maintain reliable price history records. Marketing teams should not create discount claims without verifying actual price data. Phrases such as “limited-time offer,” “last chance,” “lowest price,” “only today,” “huge discount” or “up to 70% off” should be used carefully and only when the claim is true and documentable.
Hidden Advertising and Influencer Marketing
Hidden advertising is a classic unfair commercial practice. It occurs when consumers are exposed to commercial content without being able to recognize its advertising nature.
This issue is especially important in influencer marketing. Social media influencers often promote products in a personal and informal style. Followers may believe that the content is a genuine personal recommendation, even though the influencer has received payment, free products, discounts, services, travel, event participation or another commercial benefit.
The Ministry of Trade’s guidance on social media influencers states that influencer advertisements must be clear, understandable and distinguishable, and that hidden advertising on social media is prohibited. The guide also states that where influencers receive payment, free or discounted products or services, the commercial advertising relationship must be disclosed according to the relevant platform.
The 2026 amendments further strengthened this rule. According to the Ministry of Trade, where a social media influencer receives a benefit such as payment, discounted products, services or event participation, the post must clearly indicate its advertising nature with expressions such as “advertisement” or “promotion.”
Brands should not rely only on influencers’ personal responsibility. If a brand initiates, funds, approves or benefits from the campaign, it may also face legal risk. Influencer agreements should include clear disclosure obligations, prohibited claims, content approval rules, evidence requirements and takedown obligations.
Targeted Advertising as a Consumer Protection Issue
Targeted advertising is widely used in digital marketing. Businesses show personalized advertisements based on browsing history, purchase behavior, location, interests, demographic data, cookies and profiling tools. While targeted advertising can be lawful, it may become unfair if it is opaque, manipulative or directed at vulnerable consumers in a problematic way.
The 2026 amendments introduced specific rules for targeted advertising. According to the Ministry of Trade, advertisers may engage in targeted advertising if they provide consumers with direct and easily accessible information about the criteria used to show the advertisement and how those criteria can be changed. The amendments also prohibit targeted advertising directed at children through profiling based on personal data.
This means that consumers should not be subject to invisible and uncontrollable advertising systems. They should be able to understand why they are seeing a particular advertisement and how they can modify advertising preferences.
Targeted advertising also intersects with Turkish personal data protection law. If personal data is processed for advertising purposes, businesses must assess the legal basis for processing, provide proper information notices and obtain explicit consent where required. Even when the data protection aspect is properly handled, the advertisement itself must still comply with consumer protection and unfair commercial practice rules.
AI-Generated Advertisements and Unfair Practices
Artificial intelligence has created new forms of unfair commercial practice risk. Brands can now use virtual influencers, AI-generated human-like characters, synthetic voices, deepfake-style endorsements and automated promotional content. These technologies may mislead consumers if the commercial reality is not clear.
The 2026 amendments introduced rules on AI-generated advertisements. According to the Ministry of Trade, if advertisements use AI-generated digital characters that cannot be distinguished from real humans, this must be clearly, understandably and distinguishably disclosed. The amendments also prohibit advertisements where an AI-generated digital copy of a real person creates the impression that the person personally experienced or recommended a product or service.
This rule is important for celebrity likeness, virtual testimonials, synthetic influencers and AI-generated product experience videos. If consumers believe that a real person used or endorsed a product when this is not true, the practice may distort consumer choice.
Businesses using AI in advertising should adopt a transparency-first approach. They should disclose AI use where required, avoid false endorsements, obtain consent for real persons’ likeness or voice and ensure that AI-generated content does not exaggerate product effects.
Environmental Claims and Greenwashing
Environmental claims are another important area of unfair commercial practices. Consumers increasingly prefer products that are described as sustainable, eco-friendly, recyclable, carbon neutral or environmentally responsible. However, vague or unsupported environmental claims may constitute greenwashing.
A business may act unfairly if it presents a product as environmentally friendly without explaining the basis of the claim. It may also mislead consumers if it highlights one minor environmental benefit while hiding broader negative environmental impacts.
The 2026 amendments introduced stricter rules on environmental claims. According to the Ministry of Trade, general expressions such as “environmentally friendly” should not be used without explanation. Environmental claims must specify the relevant stage of the product or service life cycle. Certificates and approvals used in such advertisements must be supported by documents issued by competent institutions, universities, accredited organizations or independent testing and evaluation bodies.
A legally safer environmental claim should be specific. Instead of saying “our product is green,” a business should explain whether the claim relates to packaging, raw materials, production, energy use, transportation, recyclability or disposal. The claim should also be supported by reliable documentation.
Health Claims and Vulnerable Consumers
Health-related advertisements and commercial practices are closely scrutinized because consumers may make important decisions affecting their health and well-being. Products such as food supplements, cosmetics, medical devices, wellness products, aesthetic services and health-related services require special care.
A commercial practice may be unfair if it suggests that a product can diagnose, treat, prevent or cure disease without legal and scientific basis. A cosmetic product should not be presented as a medicine. A food supplement should not be advertised as a substitute for normal nutrition or medical treatment. A wellness service should not guarantee medical results.
The Ministry of Trade’s consumer information materials emphasize that advertisements must not exploit vulnerable groups such as patients, elderly persons, children and persons with disabilities. This principle is especially relevant for health-related marketing because consumers facing illness, pain, insecurity or anxiety may be more vulnerable to exaggerated claims.
Businesses in sensitive sectors should obtain legal review before publication and should avoid using fear-based, guaranteed-result or medically misleading statements.
Role of the Advertising Board
The Advertising Board is the main enforcement authority for unfair commercial practices in Turkish advertising law. It may examine advertisements and commercial practices, request information and documents, evaluate evidence, impose sanctions and publish guidance through its decisions and bulletins.
The Ministry of Trade states that the Advertising Board is authorized to determine principles, protect consumers against unfair commercial practices, examine and supervise relevant matters, and impose sanctions including suspension, correction, administrative fines and temporary suspension. The Ministry also explains that applications to the Advertising Board may be made through e-Devlet, which makes the complaint mechanism accessible for consumers and competitors.
The Board’s decisions are important for market actors because they show how rules are applied in practice. Businesses should follow Board decisions, especially in areas such as digital advertising, influencer marketing, health claims, discount campaigns, environmental claims, fake reviews and dark patterns.
Administrative Fines and Sanctions
Unfair commercial practices can lead to serious administrative sanctions. The Advertising Board may order suspension of the practice, correction, administrative fines and, in online cases, access blocking measures.
For 2026, the Ministry of Trade announced that administrative fines for misleading advertisements and unfair commercial practices may range from 99,339 TL to 39,916,524 TL, depending on factors such as the unfairness of the violation, benefit obtained, harm caused, fault, economic situation of the violator, the advertising medium and whether the unfair commercial practice occurs nationwide or through advertising.
Recent enforcement data demonstrates that sanctions are not theoretical. On 9 April 2026, the Advertising Board reviewed 132 files, found 117 unlawful and imposed 49,874,780 TL in administrative fines. On 14 May 2026, it reviewed 156 files, found 146 unlawful, imposed approximately 23 million TL in administrative fines and decided on access blocking for 17 advertisements.
In addition to administrative sanctions, businesses may face consumer complaints, unfair competition lawsuits, sector-specific regulatory action, contract disputes with agencies or influencers and reputational harm.
Practical Compliance Checklist for Businesses
Businesses targeting Turkish consumers should establish a structured unfair commercial practices compliance program. Before publishing a campaign or launching a digital sales flow, they should ask the following questions:
Is the commercial practice truthful and transparent?
Could the average consumer be misled by the overall impression?
Are all material conditions clearly disclosed before the consumer makes a decision?
Are prices, discounts and previous prices accurate and documentable?
Are subscription and cancellation processes clear and fair?
Does the website or mobile application use manipulative interface design?
Are consumer reviews genuine, verified and fairly displayed?
Is sponsored content clearly disclosed?
Are influencer posts visibly marked as advertising where required?
Are targeted advertising criteria explained to consumers?
Are children protected from profiling-based targeted advertising?
Are AI-generated characters or digital copies properly disclosed?
Are environmental claims specific and supported by evidence?
Are health-related claims legally permitted and scientifically supported?
Are vulnerable consumers protected from exploitation?
Are records, screenshots, price history and substantiation documents preserved?
This checklist should be applied before publication. Once an unfair practice reaches consumers, later correction may reduce harm but may not eliminate administrative liability.
Conclusion
Unfair commercial practices in Turkish advertising law are a major legal risk for businesses operating in Turkey or targeting Turkish consumers. The concept covers a broad range of conduct, including misleading advertisements, hidden sponsorships, fake discounts, misleading omissions, aggressive sales methods, manipulative digital interfaces, fake reviews, greenwashing, undisclosed AI-generated content and unlawful targeted advertising.
The legal framework is based mainly on Law No. 6502 on the Protection of Consumers and the Regulation on Commercial Advertising and Unfair Commercial Practices. The Advertising Board plays a central role in enforcement and has broad powers to examine commercial practices, impose administrative fines, order suspension or correction and decide access blocking in online cases.
The 2026 amendments show that Turkish advertising law is adapting to modern digital markets. Targeted advertising, AI-generated advertisements, influencer promotions, environmental claims, consumer reviews and discount practices are now key areas of regulatory attention. Recent enforcement figures also show that the Advertising Board actively imposes sanctions and closely monitors digital consumer protection risks.
For businesses, the safest approach is to treat advertising compliance as part of commercial strategy. A lawful commercial practice should be honest, transparent, verifiable and fair. It should respect consumer autonomy and avoid manipulating purchasing decisions. In a competitive market, consumer trust is one of the most valuable assets. Businesses that comply with Turkish unfair commercial practices rules not only avoid legal sanctions but also build stronger, more sustainable relationships with consumers.
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