Turkey: The New Consumer Law Has Entered Into Force

Last Updated: 19 December 2013
Article by Alper Uzun


The Law on Consumer Protection, dated 23.02.1995 and numbered 4077, was the first specific law to include provisions aimed at the protection of consumers in Turkish Law. Law No. 4077 was updated through amendments made in the year 2003. On the other hand, in order to establish coherence between the Turkish and EU legislations and to harmonize the Turkish Law of Obligations and the Turkish Commercial Law, which entered into force in 2012, the need to examine the main legislation related to consumer rights was raised, and as a consequence Law No. 6052 ("the Law"), published in the Official Gazette dated 28.11.2013, has emerged. The Law will enter into force six months after its publication. Compared to the former Law No. 4077, the new Law provides more detailed regulations and sanctions in many cases.

Important Provisions Brought by the Law

The need to protect consumers originates from various causes. The necessity to protect consumers through legal provisions arises from the fact that consumers often do not have enough knowledge when concluding legal transactions. In this case, a disproportion of knowledge exists between parties and it is only through legal measures that it can be rectified. In the Law's preamble, this aspect is specifically stressed, and it is determined that the purpose of all cases where an obligation to inform the consumer before or during the conclusion of a contract is to remove this disproportion and to provide consumers with the possibility of making informed decisions when concluding a contract. In some cases, this obligation is stipulated as a written form requirement, the lack of which would nullify a contract. In other cases it is determined that the contract will be executed despite insufficient information being provided to the consumer, but where the consumer has not been informed of certain matters, he will benefit from rights to the detriment of the party who has drafted the contract. By entering into force, the Law now regulates the issues around which, when and how a consumer should be informed.

One of the important provisions of the Law relates to the issue of consumers concluding various contracts, such as for periodic vacation, long term vacation, contracts which are closed outside the workplaces, prepaid and distance contracts, distance sales of financial and loan services, without effectively examining the terms because of the attraction of such transactions and enticing marketing tactics. In these cases, it is generally seen that consumers regret having concluded such contracts in the end. Therefore, the Law provides for a right of withdrawal, and this right shall be used within 14 days.

As well as rights provided by the Code of Obligations to protect consumers, the Law includes measures related to the supervision of the market. For example, the supervision of unfair conditions, advertisements and practices and the prohibition of all advertisements and unfair commercial practices that could mislead the free will of consumers.

Definitions and Fundamental Principles Applicable to Consumer Contracts

Definition of "consumer" in the Law is reconsidered and defined as "a natural person or legal entity acting with no commercial or professional purposes". The scope of the consumer transaction is extended. Thus, a consumer transaction may be all contracts and legal transactions including, but not limited to, work agreements, carriage contracts, brokerage contracts, insurance contracts, simple agency contracts, banking agreements et seq.

In Article 4 of the Law, fundamental principles which will be applicable to consumer contracts are specially provided. Accordingly, contacts and information which are required to be issued in written form will be issued in an understandable language, in a clear, simple and readable manner, in at least a twelve point font; and one copy shall be given to the consumer, on paper or via a memory data register. Conditions provided in the contract shall not be amended to the detriment of the consumer during the term of contract. It is stipulated that the consumer shall not incur any additional charge for performances that the consumer should rightfully expect within the scope of the goods or services presented to him, or which are within the scope of the legal liabilities and expenditures incurred on personal benefits of the contract preparer. It is accepted that, by the reason of the transactions concluded by the consumer, only a bond to the name and separately for each installment payment can be prepared as a negotiable instrument, however bonds prepared in contravention of the provisions of this paragraph shall be invalid from the point of view of the consumer. In consumer transactions, personal guarantees received against the obligation of the consumer shall be considered as simple surety; personal guarantees with regards to the claims of consumers given by the opposing party shall be considered as joint and several (consecutive) surety, unless otherwise provided by any other laws. Hereinafter, it is prohibited to apply compound interest on consumer transactions, even in default situations.

A Consumer's Right to Legal Remedies

A Consumer's Right to Legal Remedies is also provided for in the Law differently than in the former Law. Several regulations concerning the Arbitral Commission for Consumers and the Consumer Courts are set forth, proving that Consumer Organizations will be able to file a lawsuit that Consumers cannot usually file separately.

In Article 73 of the law, "consumer courts" are regulated. Accordingly, consumer courts are incumbent upon lawsuits related to litigation arising from Consumer transactions and practices directed at the consumer.

In Article 68 of the law, the basis for application to the "Arbitral Commission for Consumers" and some innovations are brought. Thus, it is compulsory to apply to the district arbitral commission for consumers for under an amount of two thousand Turkish liras, the provincial arbitral commission for consumers for disputes under an amount of three thousand Turkish liras, and in provinces under the statute of the metropolitan municipality between the amounts two and three thousand Turkish liras. No application to the arbitral commission for consumers shall be for disputes exceeding the aforementioned amounts.

The decisions of the arbitral commission for consumers are made in accordance with the provisions of the Enforcement and Bankruptcy Law related to the execution of writ. The parties can file an appeal to object to the decisions of the arbitral commission for consumers before the consumer court located at the arbitral commission for consumers within fifteen days from the date of notification. The appeal does not stop the enforcement of the decision of the arbitral commission for consumers. However, if requested, the judge may stop the enforcement of the decision of the arbitral commission for consumers with a decision of temporary injunction. The decision rendered by the consumer court upon the appeal against a decision of the arbitral commission for consumers is decisive, and does not permit any legal remedy.


The Law on the Protection of Consumer numbered 6052 has been published in the Official Gazette dated 28.11.2013. The Law will enter into force six months after its publication. Compared to the former Law, The new Law provides more detailed regulations and sanctions for many cases.

The Law on Consumer Protection, dated 23.02.1995 and numbered 4077, which was the first law to include provisions aimed at the protection of consumer rights in Turkish Law, will be abolished by the entering into force of the Law No. 6052.

The Law No. 6052 includes provisions harmonized with European Union legislation and parallel stipulations with the Turkish Code of Obligations and the Turkish Commercial Code, which entered into force in 2012.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.