On January 29, 2015, Turkey enacted the Law on Regulation of
Retail Trade, regulating the establishment, operation and auditing
of shopping malls, retail dealers, department stores, chain stores,
artisans and craftsmen ("Retailers").
Retailers have one year and, in some instances, up to two years, to
bring their operations into compliance.
Retail Information System: PERBIS
The Ministry of Customs and Trade will establish a new retail
information system, Perakende Bilgi Sistemi
("PERBIS"), to manage Retailers'
workplace opening and operation licensing applications and create a
database for Retailers.
Applications for workplace opening and operating licenses may
either be made directly to the municipality, provincial special
administration, or other administrative body entitled to grant
workplace opening and operation licenses ("Licensing
Authority"), or through PERBIS.
Applications made directly to a Licensing Authority will be
registered in PERBIS. Following a Licensing Authority review,
approved applications will be delivered to the applicant through
PERBIS. The review is limited to determining whether the conditions
required by law have been fulfilled.
New obligations for retailers
The Retail Law imposes the following new obligations on
Store-branded products must bear the producer's name or
Common areas, such as emergency medical care units, prayer
rooms and child care rooms, must be established in shopping
Space for artisans and craftsmen must be allocated in shopping
Starting and ending dates of sale campaigns and shopping
"festivals" must be set before the campaign or
Discount stores that sell clearance, season-end, export surplus
or defective goods must clearly indicate both in their display
windows and in the store that they only sell on discount.
Payments on supply agreements between manufacturers/suppliers
and Retailers must be made on the date specified in such
agreements. For fast-moving consumer goods, however, payments
between small manufacturers or suppliers and large-scale Retailers
must be made within 30 days.
Retailers can only demand premiums or additional charges if the
type and ratio of the fee for services such as advertisement,
announcement or shelf allocation are stated in an agreement. In
this case, (i) the premium or fee will be limited to the agreement
period, and (ii) products subject to the premium or fee will remain
on the shelves for the duration of the agreement period.
The breach of an obligation may result in the imposition of
The Retail Law also introduces other new rules:
A local government can set all or certain Retailers' hours
of operation, if jointly requested by professional organizations
and the favorable opinion of the Licensing Authority is
The Weekend Holiday Law no longer applies to Retailers, so
Sunday work permits are no longer necessary.
Retail dealers, department stores, chain stores and authorized
enterprises may not charge producers or suppliers fees that do not
directly affect product demand, such as bank and credit card
membership fees, store opening and alteration fees, and revenue
Actions to consider
Companies should consider how these significant changes may
affect their operations in Turkey and take steps to ensure
compliance with the Retail Law.
Baker & McKenzie
At Baker & McKenzie, we provide sophisticated advice on
trade & commerce law matters. In addition to advisory services,
we help our clients obtain necessary licenses from authorities, and
we also provide tailor-made trainings. Please contact us if you
would like more information on how to comply with these
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.
In a recently released milestone decision, the Swiss Federal Supreme Court held, for the very first time, that the duty of financial intermediaries to report suspicions of money laundering...
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”
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).