1. What Are the Key Changes?

The Ministry of Trade has introduced significant amendments to the Regulation on Contracts Established Outside the Workplace, initially published on January 14, 2015. These amendments, announced in the Official Gazette on August 23, 2024, will take effect as of January 1, 2025.

According to the Ministry, the updates were designed to address current challenges and needs, with a focus on enhancing consumer protection. The regulation has also been updated to replace outdated communication methods with more modern tools. For instance, fax communications will be replaced by email and SMS. Additionally, several provisions have been revised systematically and structurally for better clarity and alignment with current practices.

2. Scope of the Regulation

The amendments exclude certain transactions from the scope of the regulation, including sales conducted in shopping malls, cleaning services, games of chance, and services that must be provided on specific dates (e.g., accommodation, transportation, and car rentals).

Moreover, the monetary threshold for exempt transactions, previously set at 30 TL, has been increased to 250 TL. This threshold will be updated annually in line with the revaluation rate.

3. Information Obligations for Sellers and Providers

Sellers are obligated to provide consumers with detailed information about the duration and procedure for exercising the right of withdrawal in contracts established outside the workplace. Furthermore, they must inform consumers about the conditions under which this right is forfeited, as well as exceptions to the right of withdrawal.

4. Mandatory Elements in Contract Content

Contracts covered by the regulation must include certain mandatory details, such as the seller’s email address, the location where the contract was concluded, and the contact details for sending withdrawal notifications. Consumers must also handwrite specific statements, such as acknowledging the existence of the right of withdrawal and confirming that it cannot be exercised verbally.

5. Adjustments to the Right of Withdrawal

Certain services that were previously exempt from the right of withdrawal have now been brought within its scope. This update notably redefines the withdrawal rights concerning specific services and digital content.

6. New Requirements for Authorization Certificate Applications

As of January 1, 2025, sellers applying for an authorization certificate will need to submit additional documents. Instead of an activity certificate, sellers will be allowed to submit a trade registry certificate or updated financial statements. Provincial Trade Directorates will have the authority to request additional information and documentation if deemed necessary.

7. Rules on Revocation of Authorization Certificates

If a breach of the regulation is identified and continues despite warnings, the seller’s authorization certificate will be revoked. Sellers whose certificates are revoked will be prohibited from obtaining a new certificate for a period of one year.