Regulation on Market Surveillance and Inspection of Products Introduced to the Market via Remote Communication Tools

The Regulation on Market Surveillance and Inspection of Goods Introduced to the Market through Remote Communication Tools (Regulation) was published in the Official Gazette on 30 October 2024. The Regulation regulates the principles, safety standards and rules to be complied with by the market subjects regarding the products placed on the market and kept on the market through remote communication tools, especially internet channels.

Pursuant to the Regulation, a product must comply with the relevant technical regulations or the General Product Safety Regulation in order to be placed on the market or kept on the market through remote communication tools.

The products of economic operators selling through remote communication tools will be deemed to be “placed on the market” if they target end-users residing in Turkey, and compliance with this legislation will be required. Economic operators may be deemed to target end-users in Turkey if the following conditions are met:

▪️ Turkish language, warning and safety information in the sale advertisements,

▪️ Indication of the price in Turkish liras,

▪️ Providing shipping to Turkey or address option,

▪️ The domain name is registered in the regions where shipments can be made to Turkey.

This issue is of critical importance for many platforms that sell from abroad to Turkey.

The economic operator will reflect the necessary information regarding the product that it introduces on the market or keeps on the market through remote communication tools in the sale advert. The details of this information are set out in the Regulation and in the relevant legislation for the products themselves.

The intermediary service provider will determine an electronic contact point for end-users to communicate quickly and directly on product safety, so that consumers can make complaints and notifications about the safety and suitability of the products at the contact points.

The intermediary service provider will provide easy access to information on products on its online platforms and will fulfil content-removing requests from authorized institutions within 24 hours at the latest.

The Regulation also regulates in detail the obligations of authorized representatives, performance service providers and intermediary service providers, and the duties, powers and responsibilities of authorized institutions responsible for product safety inspection and supervision.

Those who violate the Regulation will face administrative sanctions under the Law and other relevant legislation.

You can reach the full version of the Regulation here.