The Communique on Administrative Fines to Be Applied in 2021 As Per the Article 77 of the Consumer Protection Law (Law No: 6502) was published in the Official Gazette ("Communique") on 26 December 2020.
In accordance with the Communique, the administrative fines arising from Article 77 of the Consumer Protection Law have been increased according to the revaluation rate of 9.11% to be effective as of 1 January 2021. Accordingly, the lowest fine to be imposed is set as TRY 452.-, whereas the highest amount is set as TRY 228,655,756.
However, it should be noted that some of the fines listed in the Consumer Protection Law relate to the amount issued per infringement.
For instance, in cases of non-compliance with obligations relating to distance sales agreements, a fine of TRY 452.- may be imposed for each infringing agreement or transaction. Another example of such a situation would be a failure to comply with the obligations related to prepaid real estate sales agreements. In such a situation each infringing action will be subject to a fine of TRY 45,728 per real estate agreement that is not transferred to the purchaser within the period prescribed in the relevant article.
Therefore, sellers and manufacturers should take into account that due to some of the fines being issues on a per infringement basis the ultimate amount of the fines may be higher than the individual amounts specified in Article 77.
See the Communique here. (Available in Turkish only).
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.