The Advertising Board ("Board") works to raise awareness about targeted advertising and deceptive commercial design practices, monitor international regulations and applications related to digital advertising and the use of personal data, and take necessary measures against current or potential violations. In this regard, the Board cooperates with the Personal Data Protection Authority. The Board also strictly supervises advertisements and commercial practices involving the collection and use of personal data for targeted advertising and deceptive commercial practices.
Previously, the Board examined websites that require membership conditions at the point of purchase, assessing whether personal data beyond the necessary information for the transaction was requested, whether unsubscribe processes were made more difficult compared to subscription procedures, whether cookie and commercial communication consents were left to consumer preferences, and whether personal data was shared with third parties for targeted advertising or marketing purposes. These evaluations were analyzed in our article titled "Data Protection in Advertisements."1
On January 16, 2025, during its 353rd meeting, the Board reviewed advertisers' strategies regarding the collection, use, and marketing of consumer data, assessing their legal compliance within the framework of transparency, explicit consent, data protection, and granting consumers the right of choice. The following decisions demonstrate the Board's adoption of a stricter supervision approach toward personal data-based marketing strategies. This article analyzes under which circumstances targeted advertising practices have been deemed unfair commercial practices in the Board's decisions.
- In decision number 2025/7775, the Board evaluated the commercial practices of a company selling household goods via its website, focusing on issues of explicit consent and automatic approval mechanisms. According to the Board's assessment, the phrase in the company's "User and Privacy Agreement" stating, "The User consents to the sharing of the information they provide with company for the purposes of offering special advantages, sales, marketing, and similar communication activities," does not constitute clear, free, and informed consent from consumers.
The Board found that this phrase led to assuming that consumers give approval for commercial electronic communications without any active action on their part. Furthermore, consumers were neither provided with the option to withdraw this consent nor adequately informed about the marketing content to be sent. The decision particularly highlights that consumers were forced to accept targeted advertising and marketing practices without a real choice, and this consent was hidden within the agreement text, constituting an unfair commercial practice.
Consequently, the Board ruled that this practice violated Article 62 of Law No. 6502 on the Protection of Consumers and Articles 28 and 32 of the Regulation on Commercial Advertising and Unfair Commercial Practices, as well as Article 22 of the Annex on Examples of Deceptive Commercial Practices, which prohibits manipulative interface designs in online environments that negatively affect consumers' decision-making. The Board imposed a suspension penalty on the company regarding the commercial practice examined.
- Decision number 2024/4840 addressed the data collection methods applied by another home textile retailer at physical stores. The Board determined that consumers were required to share personal data (name, surname, phone number) as a condition for benefiting from discounts. This requirement meant consumers were pressured to provide personal information they would normally withhold to access discount campaigns.
Moreover, although the discounts were conditional on membership, this information was not clearly stated on promotional materials, and consumers were not transparently informed about these conditions. The Board found this practice misleading consumers by influencing their economic interests and forcing them to enter into transactions they would otherwise avoid.
The decision stated that this commercial practice violated Articles 28 and 32 of the Regulation on Commercial Advertising and Unfair Commercial Practices and Article 62 of Law No. 6502, and the company was penalized with a suspension order.
The Board's approach to personal data-based commercial practices in both decisions reflects a perspective that prioritizes not only data protection but also consumer rights. Reviews show that the Board requires explicit consent based on free will and imposes sanctions on practices that disrupt the balance between commercial interests and consumer freedom.
In decision 2025/7775, the manipulative effects of automatic consent mechanisms on digital platforms were emphasized, while decision 2024/4840 highlighted deficiencies in consumer guidance and transparency at physical sales points. A common theme in both decisions is that any structure restricting consumers' freedom to choose is regarded as an unfair commercial practice.
This approach shows that the Board evaluates not only the content of advertisements but also how ads are presented, how data is collected, and the nature of the options provided to consumers. In this respect, the Board's decisions indicate a growing sensitivity in Turkish law similar to the European Union's stance against manipulative design elements, known as "dark patterns."
Conclusion and Recommendations
Recent decisions of the Advertising Board demonstrate the adoption of stricter supervision regarding the use of personal data in marketing activities and show that practices manipulating consumer choices are considered unfair commercial practices subject to administrative sanctions. The lack of explicit and informed consent, making data processing a mandatory condition for marketing, and misleading consumers both online and at physical points of sale result in penalties.
In light of these decisions, advertisers are recommended to:
- Ensure data collection processes are transparent and based on explicit consent,
- Establish mechanisms that grant consumers the right to choose and allow easy withdrawal of consent,
- Separate commercial communication consents from membership processes without making one conditional on the other,
- Design cookie, communication, and membership agreements as independent and clear choice boxes,
- Provide clear information and visible terms about data-based campaigns at physical sales points.
This approach is important not only for compliance with the Advertising Board's decisions but also for gaining consumer trust and developing sustainable digital marketing strategies. As in the European Union, it marks a significant step toward a transparent, accountable, and consumer-respecting digital advertising ecosystem in Turkey.
Footnote
1. https://gun.av.tr/insights/articles/data-protection-in-advertisements
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.
