INFORMATION NOTE ON THE PROPOSAL FOR A LAW ON AMENDMENTS TO THE LAW ON CONSUMER PROTECTION AND SOME LAWS
The Proposal for Amending the Law on Consumer Protection and Some Laws (“Proposal”) was submitted to the Turkish Grand National Assembly on 18.07.2024. The important changes regulated in the Law on Consumer Protection No. 6502 (“TKHK”) and the Law on Regulation of Electronic Commerce No. 6563 (“E-Commerce Law”) will be discussed below with this Proposal.

I. Regulations Regarding the Application of Administrative Fines by the Advertisement Board
• As stated in the proposal justification, the current fixed administrative fines for commercial advertisements and unfair commercial practices have often been insufficient and have lost their deterrent effect. In this context, the lower and upper limits of the administrative fines applied by the Advertisement Board have been determined as follows, and the determination of the amount has been left to the discretion of the Advertisement Board by evaluating the fault and economic situation of the person who committed the violation:
o If it was realized through a television channel broadcasting locally, from ₺110 thousand to ₺1 million 100 thousand,
o If it was realized through a television channel broadcasting nationwide, from ₺2 million 210 thousand to ₺22 million 100 thousand,
o If it was realized through periodical publications, half of the fines specified in subparagraphs (a) and (b),

o If it is done locally or via a radio channel broadcasting via satellite, from ₺60,000 to ₺600,000,
o If it is done via a radio channel broadcasting nationwide, from ₺600,000 to ₺6 million,
o If it is done via a television channel broadcasting via satellite or via the internet, from ₺600,000 to ₺6 million,
o If it is done via text messaging, from ₺280,000 to ₺2,800,000,
o If it is done via other channels, from ₺60,000 to ₺600,000.
• The basic administrative fine for unfair commercial practices is expected to be changed from ₺60,000 to ₺600,000, and from ₺600,000 to ₺6 million if it occurs nationwide.

• In addition to administrative fines imposed by the Ministry of Trade or provincial trade directorates, which are currently within the scope of the reconciliation, administrative fines imposed by the Advertisement Board will now also be within the scope of the reconciliation.

II. Regulations Regarding Consumer and Housing Finance Credits
• In addition to the requirement of written form for the validity of consumer credit and housing finance contracts, it has also been regulated that they can also be made at a distance.
• In case a bank account is opened for the credit in accordance with fixed-term credit and housing finance contracts, the written request that the consumer must submit in order for the account not to be closed with the payment of the credit can now be submitted with the permanent data provider.

III. Regulations Regarding Direct Sales
• The direct sales system, which was previously planned to be regulated by regulation, is regulated in detail in the Proposal. According to the draft, the direct sales system is a sales system in which direct sellers, who are established by a direct sales company and who are not employed by an employment contract, operate in return for benefits such as commission, bonus, incentive and reward with independent representatives, distributors, consultants and similar names, market goods or services to consumers.
• Direct sales companies must be capital companies and must also meet other conditions to be determined by the regulation.
• The direct sales system will not aim to bring new sellers to the system. The income obtained will be based on the sale of goods or services to consumers and other principles determined by the regulation will be complied with.

• Direct sellers will not receive documents from consumers under the names of renewal, package, fee, fee, etc.

other than the goods or services in question.

The purchase of goods or services in the amount or quantity determined by the company will not determine the level of the direct seller in the system.

• Consumers who purchase goods or services within the scope of the direct sales system may use their right of withdrawal within thirty days without giving a reason and without paying a penalty.

The withdrawal notification can be made to either the direct seller or the direct sales company.

IV. Regulations Regarding the Changes to the E-Commerce Law
• Electronic commerce intermediary service providers are currently obliged to obtain a license, and changes are planned to be made regarding the calculation of the license fee. In the proposal, sales made abroad through electronic commerce marketplaces are not included in the calculation, and the calculation is as follows:
• Provided that the net transaction volume of the electronic commerce intermediary service provider is not more than twenty percent of the total net transaction volume of the electronic commerce intermediary service provider and electronic commerce service providers calculated using ETBİS data,

in the following calendar year;

o The amount of sales made abroad through electronic commerce marketplaces of the electronic commerce intermediary service provider and electronic commerce intermediary service providers with whom it is in economic integrity,

o The amount of investment expenditure realized by obtaining an investment incentive certificate from the Ministry of Industry and Technology in accordance with the legislation on supporting investments on a project basis, shall be deducted from the net transaction volume for that calendar year by two times.