2024 Regulation on Products Subject to Distance Shopping starts in Turkey. The Ministry of Trade has newly adopted the Regulation on Market Surveillance and Control of Products Supplied on the Market via Remote Communication Tools (Uzaktan İletişim Araçları Yoluyla Piyasaya Arz Edilen Ürünlerin Piyasa Gözetimi ve Denetimi Yönetmeliği in Turkish). The Regulation was published in the Official Gazette dated October 30, 2024 and numbered 32707
Introduction
2024 Regulation on the Market Surveillance and Control of Products Supplied on the Market via Remote Communication Tools has a potential to open a new term in Turkish markets. This article will present a detailed observation of the said Regulation.
Doing Business in Istanbul ?
There is a growing acceptance that Turkey is considered as one of the fastest emerging countries with its advantageous market all over the world. The Law on Foreign Direct Investment is based on the principle of equal treatment meaning that all investors including foreign or domestic investors have the same rights and liabilities. The enhancement of the investment opportunities in Turkey is also supported by the Investment Incentive Regime in Turkey. Particularly, Istanbul, as one of the largest cities of Turkey, hosts a large number of foreigners working or living at the crossroads of Europe and Asia. Those features have been combined by innovative initiatives of the Turkish policy and law makers.
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For the main advantages of investing in Turkey take a look at our articles:
- Investment Opportunities in Turkey
- Is Turkey Safe for Investment?: Six Advantages to Grow Your Business in Turkey
- Establishment of A Company in Turkey
- The 2024 FATF Decision on Türkiye
Core Developments in Turkish Trade Markets
2024 legal amendments to the Law on Consumer Protection for the establishment of a direct sale mechanism came into force as of October 30, 2024 by introducing a formal structure for direct selling within the existing Consumer Protection Law No. 6502.
What is more, at the same date, the Turkish Government also circuited the 2024 Regulation of Products Subject to Distance Shopping in the Official Gazette dated October 30, 2024.
What is news on 2024 Regulation on the Market Surveillance and Control of Products Supplied on the Market via Remote Communication Tools
Article 4 of the Regulation in question is dedicated to bringing required definitions for the market. Electronic trade refers to all forms of online economic and commercial activities carried out electronically and without any physical meeting. Besides, intermediary service provider means a natural or legal person providing an electronic commerce environment for the economic and commercial activities of others.
Additionally the Regulation in the next stage focuses on the articulation of core principles for engaging in distance shopping. Article 5 states that any activity for the product supply on the market via remote communication means it must be compatible with the relevant technical regulations including the Regulation on General Product Safety.
Principles for Sale Advertisements
Article 6 stipulates specific obligations for sale advertisements. In this context, sales advertisements should cover the name, registered trade name or trademark of the manufacturer located in Turkey, as well as a postal address and email address for communication, if the manufacturer is not located in Turkey, the name and registered trade name of the importer, along with a postal address and email address for communication,
in the absence of a manufacturer or importer located in Turkey, for products falling under the legislation listed on the Ministry’s website, the name, registered trade name, postal address, and email address of the economic operator.
warnings and safety information in Turkish, as well as compliance markings specified in the technical regulations, that must be affixed to the product, its packaging, or accompanying documents, all information that enables a description of the product, including its photograph, type, and other identifying details.
Obligations for Authorized Representatives
In the absence of a manufacturer or importer based in Turkey, the authorized representative is obligated that name, registered trade name or trademark, and full address are provided on the product.
What is more, Article 9 regulates Obligations of the Performance Service Provider and Article 10 stipulates Obligations of the Intermediary Service Provider in very detailed manner.
The violations of the aforementioned obligations require administrative penalties under Article 13 of the Regulation.
Conclusion
In the light of the above, 2024 Regulation on the Market Surveillance and Control of Products Supplied on the Market via Remote Communication Tools will be effective as of April 1, 2025. As clearly discussed above, the Regulation is designed for the articulation of the procedures, obligations and principles for the sale of e-commerce products. But undoubtedly, the law-makers may need to revise this first Regulation after first enforcement of the Regulation to the field by Turkish markets under new necessities.
Considering the above-mentioned analysis, an illegal stay without any work permit is against law and such violation involves administrative and criminal penalties in Turkey. Foreigners that are willing to stay legally in Turkey should benefit from professionals including immigration lawyers through a proper application for a work permit.
