A New Era in Remote Shopping Product Regulation: What You Need to Know
A New Era in Remote Shopping Product Regulation: What You Need to Know
A New Era in Remote Shopping Product Regulation: What You Need to Know
On October 30, 2024, the Turkish Ministry of Trade published a new regulation in the Official Gazette (No. 32707) that will reshape the landscape of remote shopping in Turkey. Set to come into effect on April 1, 2025, this regulation introduces comprehensive requirements for products offered to Turkish consumers through remote communication channels, such as the internet, telephone, and email. This blog post explores the key provisions of the regulation, its implications for various market players, and what businesses need to do to comply.
Overview of the Regulation
The newly published regulation sets out the rules and procedures for the market surveillance and control of products marketed via remote communication tools. It defines not only the conditions under which products can be offered to the market but also the obligations of the entities responsible for ensuring that these products meet Turkey’s product safety and technical requirements. Whether a product is directly sold online or indirectly promoted through remote channels, the regulation establishes that the product must adhere to the relevant safety legislation.
Key Provisions and Requirements
General Principles
At the heart of the regulation is the requirement that any product offered through remote channels must be compliant with Turkey’s product safety legislation. Importantly, if a product is promoted using remote channels and targets end users residing in Turkey—even when promotions such as discounts or special offers are involved—it will be considered as “being in the market.” This ensures that Turkish consumers are adequately protected regardless of the product's point of origin.
Remote sales must also meet several specific conditions:
Language and Currency: The product listing must include a Turkish language option, display prices in Turkish Lira, and accept payments in the local currency.
Shipping: There must be provisions for shipping products to addresses in Turkey.
Domain Registration: For online sales, the domain should be registered in regions where shipping to Turkey is possible.
The term “economic operator” is broadly defined in the regulation. It includes manufacturers, authorized representatives, importers, distributors, and any other entities responsible for the production, import, or marketing of products in Turkey.
Sales Advertisement Requirements
The regulation mandates that economic operators provide a set of essential details in their online sales advertisements:
Business Information: The operator must include its registered name, trade title, and both postal and email addresses.
Manufacturer/Importer Details: If the product’s manufacturer is based in Turkey, their name, registered title or brand, and contact information must be provided. If the manufacturer is not local, then similar details for the importer must be included.
Authorized Representatives: In cases where there is no Turkish manufacturer or importer, a locally appointed authorized representative or a designated economic operator must be clearly identified.
Safety Information: Listings must also include Turkish language warnings, safety instructions, conformity marks, and any other technical details required by law.
Product Description: High-quality photographs, product type, and other descriptive information that allows consumers to fully understand what is being offered must be provided.
These requirements aim to enhance transparency and ensure that consumers have all the necessary information to make informed purchasing decisions.
Responsibilities of Various Stakeholders
The regulation assigns clear responsibilities to several parties involved in the supply chain:
Authorized Representatives:
If there is no Turkish-based manufacturer or importer, an authorized representative must be designated. This representative is tasked with providing comprehensive contact details (including a physical address) on the product or its packaging, ensuring that the end user is not misled.Performance Service Providers:
When a performance service provider handles the product without taking ownership, it is classified as a distributor. However, if the provider brands or alters the product in a way that affects its compliance with technical regulations, they can be held accountable as a manufacturer. Providers must:Clearly display their contact details on the product or its packaging.
Maintain documentation (like declarations of conformity or performance statements) for the required period and submit it to the relevant authorities upon request.
Notify the authorities if the product is found to be risky or non-compliant.
Collaborate with regulatory bodies to promptly correct any identified issues.
Intermediary Service Providers:
Providers of online marketplaces or platforms facilitating the sale of these products must:Ensure that their platforms support the display of all required product information.
Act swiftly on notifications from regulatory authorities—removing or blocking access to non-compliant product listings within 24 hours.
Maintain detailed records of the supply chain, including information on preceding and subsequent economic operators, for at least ten years.
Provide clear and direct communication channels for consumer safety concerns.
Administrative Sanctions and Enforcement
The regulation introduces a range of administrative measures to enforce compliance:
Administrative Fines: Non-compliance with the regulation’s requirements can lead to fines under the Product Safety and Technical Regulations Law.
Access Restrictions: In cases where non-compliance is identified, regulatory authorities can require the removal or blocking of online product listings. If necessary, they can notify the Information and Communication Technologies Authority to enforce these measures.
Advertising Halts: The regulation also empowers authorities to request media service providers to halt the promotion and sale of non-compliant products via television or radio.
Product Recall: Should a product be found to violate the advertisement rules, authorities may order its recall or removal from the market.
Interim Measures: In situations presenting significant risks, authorities can order a temporary suspension of the product's availability through remote channels until all issues are addressed.
Implications for Domestic and International Operators
This regulation not only affects Turkish-based companies but also international entities targeting Turkish consumers. Any foreign economic operator selling products to Turkey must ensure that their platforms comply with the new rules—whether they are manufacturers, importers, or service providers. For products lacking a Turkish-based manufacturer or importer, the appointment of a local authorized representative is now mandatory.
Companies must carefully review their remote sales practices to avoid severe penalties and ensure seamless access to the Turkish market. The timeline for compliance is clear: all stakeholders must adjust their operations by April 1, 2025.
Conclusion
The new regulation marks a significant step in regulating remote shopping in Turkey, aiming to enhance consumer protection, ensure product safety, and clarify the responsibilities of all parties involved in the supply chain. With strict requirements imposed on economic operators and service providers, both domestic and international players need to undertake necessary adjustments promptly. Businesses that comply will not only avoid administrative sanctions but also gain consumer trust by demonstrating their commitment to transparency and safety.
As the remote shopping landscape evolves, staying informed and adapting to these changes will be crucial for success in the Turkish market.
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