Advertising, Campaigns, and Unfair Commercial Practices in E-Commerce

Entrance

In the e-commerce sector, advertising and campaign activities are among the most important tools directly affecting sales volume. Websites, marketplace platforms, mobile applications, social media stores, influencer collaborations, email marketing, SMS campaigns, retargeting ads, search engine ads, and "last chance" notifications directly guide consumer purchasing decisions. However, freedom of advertising and campaigns in e-commerce is not unlimited. Practices that mislead consumers, create a false perception of discounts, put pressure on stock levels or deadlines, misrepresent prices, conceal the fact that they are advertisements, or unfairly force sellers into campaigns may give rise to legal liability.

Advertising, campaigns, and unfair commercial practices in e-commerce should be evaluated in conjunction with the following laws: Law No. 6502 on Consumer Protection, the Regulation on Commercial Advertising and Unfair Commercial Practices, Law No. 6563 on the Regulation of Electronic Commerce, the Advertising Board's principle decisions, advertising guidelines containing price information, the social media influencer guide, and legislation on the protection of personal data. The Ministry of Trade states that the amendments made to Law No. 6563, in line with the needs of e-commerce, aim to prevent illegal content, end unfair commercial practices against sellers in marketplaces, prevent anti-competitive advertising, and ensure the healthy growth of e-commerce.

Therefore, for e-commerce companies, advertising and campaign management is not solely the responsibility of the marketing department. Every discount announcement, coupon campaign, "discount in the cart," "special offer today," "limited stock," "lowest price," "free shipping," "buy one get one free," "influencer recommendation," or "marketplace mega campaign" can be subject to legal scrutiny. The language, visuals, price comparison, campaign duration, stock information, discount rate, payment screen directed to the consumer, and campaign terms of the advertisement must be accurate and transparent as a whole.

What is advertising in e-commerce?

In e-commerce, advertising is any commercial communication conducted electronically with the aim of increasing sales of a product or service, building brand awareness, informing consumers, or directing them to purchase. Examples of advertising include price information on product pages, banner ads, social media posts, search engine advertising, influencer posts, email newsletters, SMS campaigns, mobile notifications, marketplace advertising, product comparison screens, and sponsored content.

For an advertisement to be legally compliant, it must first be truthful, clear, understandable, and not misleading to the consumer. The visuals, product descriptions, campaign promises, delivery information, stock availability, price comparisons, installment payment information, credit costs, shipping fees, and return conditions used in the advertisement are all elements that can influence a consumer's economic behavior. Therefore, providing incomplete information in an advertisement that does not reflect the truth or that could sway a consumer's decision may result in unfair commercial practices.

The "Guide on Advertisements Containing Price Information, Discount Sales Advertisements and Commercial Practices," published by the Ministry of Trade, has been prepared to guide advertisers, advertising agencies, media organizations, sellers, suppliers, and intermediary service providers regarding advertisements containing price information, discount sales advertisements, and commercial practices aimed at consumers. The purpose of the guide is to ensure transparency, especially in price and discount announcements, and to protect consumers against misleading discount schemes that do not reflect the truth.

What is Unfair Commercial Practice?

Unfair commercial practices are business practices that can distort a consumer's economic behavior, mislead them, create aggressive sales pressure, or steer them towards a transaction they would not normally engage in. In e-commerce, these practices often manifest through user interfaces, campaign language, price display, stock information, time pressure, automatically selected add-ons, unclear subscriptions, or misleading reviews.

For example, artificially raising a product price and then presenting it as discounted when no actual discount is offered, misleading "last item available" claims, automatically selecting additional services for the consumer, failing to clearly indicate that a paid subscription will be added after a free trial, adding extra charges to the total price of the product during the payment process, influencer recommendations not explicitly stated as advertisements, fake user reviews, or misleading statements that disparage competing products can all be considered unfair commercial practices.

The concept of unfair commercial practices in e-commerce is important not only in relation to the consumer but also in terms of the relationship between the marketplace platform and the seller. According to Article 1 of the Annex to Law No. 6563, unfair commercial practices are prohibited in electronic commerce. Practices by an e-commerce intermediary service provider that significantly disrupt the commercial activities of the seller for whom they provide intermediary services, reduce the seller's ability to make reasonable decisions, or force the seller to become a party to a commercial relationship they would not normally be a party to are considered unfair. Examples cited in the law include forcing the seller to participate in promotional sales, failure to make timely payments, unclear intermediary agreements, unilateral retroactive changes, and lowering the seller's ranking without objective criteria; these are all considered unfair commercial practices in all cases.

The 30-Day Rule in Discount Sale Ads

One of the most heavily scrutinized areas in e-commerce is discount sales advertising. Campaigns such as "70% off," "Black Friday," "Biggest Sale of the Year," "Half Price in Cart," "Shock Price," and "Only Today" strongly influence consumer behavior. Therefore, it is essential to accurately display both the discount percentage and the price before the discount.

The Ministry of Trade has stated that, to prevent consumer deception in discount sales advertisements, the lowest price applied within the 30 days preceding the discount announcement should be used as the reference price for each discount advertisement. In other words, the price shown as "price before discount" in the advertisement should be determined based on the lowest price applied to the product in the last 30 days. For perishable products such as fruits and vegetables, the price before the discount is used as the basis when calculating the amount or percentage of the discount.

This rule aims to prevent fraudulent discount practices common in e-commerce. For example, if a product is sold for 1,000 TL for 30 days, then its price is increased to 1,500 TL the day before the campaign, and then it is advertised as "reduced from 1,500 TL to 999 TL," this practice can create a misleading perception of a discount. The reference price shown to the consumer in a discounted sale advertisement must be real, verifiable, and compliant with regulations.

E-commerce companies should therefore keep a record of their price history prior to each campaign. The system should allow tracking of price information for the last 30 days on a product basis, as well as the campaign start and end dates, discount rates, and additional benefits such as coupons and cart discounts. During review by the Advertising Board, the company must be able to document the basis for the discount rate.

"Last Chance," "Limited Stock," and Time Pressure

In e-commerce, campaign phrases that pressure consumers to make quick decisions are frequently used. Phrases like "Last 10 minutes," "Limited stock," "Only today," "Last 3 items," "Campaign ending," "Don't miss the opportunity," and "Last discount in the cart" create a sense of urgency in the consumer. While such phrases can be used if they are true, they can constitute unfair commercial practices if they do not reflect the truth.

For example, displaying "only 1 item left" to each user even when the system has sufficient stock, constantly renewing the same campaign after its period has ended, offering the same discount every day with the phrase "today's special," or using fake counters to get the consumer to proceed to the payment screen can be misleading. Such interface designs can impair the consumer's ability to make free and informed decisions.

E-commerce companies must base their campaign durations and stock information on real data. If a product is labeled "limited stock," the stock quantity must genuinely be limited; if it's labeled "last day," the campaign must actually end on that date; and if it's labeled "online only," the nature of this advantage must be clear. Otherwise, consumers may purchase a product they wouldn't normally buy due to artificial pressure of urgency.

Transparency in Advertisements Containing Pricing Information

In e-commerce advertisements, pricing information should be displayed clearly and in a way that is easily understood by the consumer. The consumer should not encounter unexpected differences between the price they see in the advertisement and the total amount they encounter on the payment screen. If there are additional charges such as shipping, service fees, transaction fees, installation fees, packaging fees, subscription renewal fees, or taxes in addition to the product price, these should be clearly stated.

Advertisements containing pricing information should include all important factors influencing a consumer's purchasing decision. For example, if an advertisement says "Prices starting from 99 TL," it should explain which product or service is included in this price and under what conditions higher-priced options are available. If "free shipping" is mentioned, it should be specified whether this is limited to the basket total, product group, or campaign duration. If "installment payment" is advertised, interest, maturity differences, or total cost should be presented in a way that does not mislead the consumer.

The Ministry of Trade's discount sales guide outlines the basic principles regarding price information in advertisements and discount sales campaigns, and emphasizes the transparency of price reductions. The main purpose of the guide is to protect consumers against unrealistic pricing practices and to make advertisers' price declarations verifiable.

Discounts, Coupons, and Loyalty Campaigns in the Basket

On e-commerce sites, discounts are often applied not directly to the product price, but to the shopping cart stage or coupon code. In campaigns such as "20% off in cart," "50% off the second item," "100 TL coupon for purchases over 500 TL," "members only," and "loyalty points," the terms and conditions of the campaign should be clearly displayed to the consumer.

The biggest risk in such campaigns is that the consumer may not receive the benefit they see in the advertisement at the payment stage. For example, if the coupon is only valid for certain products, if there is a minimum basket amount, if the campaign is limited by stock, if it cannot be combined with other discounts, or if it is only valid on the mobile application, these conditions should be clearly and visibly stated.

Price transparency is also crucial in coupon campaigns. If the product price is artificially inflated before the coupon is issued, the consumer may not actually benefit from it. This can create the perception of a false discount. Companies should manage coupon and basket discount calculations in a way that is consistent with the product's actual price history.

Influencer Advertising and the Ban on Covert Advertising

In e-commerce, a significant portion of advertising and campaign activities are now carried out through influencers. Product recommendations, unboxing videos, discount codes, link sharing, live stream promotions, or "I tried it, I was satisfied" content on platforms like Instagram, TikTok, YouTube, X, Twitch, and similar platforms directly influence consumers' purchasing decisions.

According to the Ministry of Trade's guidelines for social media influencers, advertisements made by influencers must be clear, understandable, and distinguishable. In posts where the influencer receives financial gain, free or discounted products/services, this commercial relationship must be clearly indicated on the platform. Furthermore, covert advertising, whether audio, written, or visual, is prohibited on social media.

Therefore, it carries a legal risk for an influencer to present their content as a personal and independent experience when they are paid for or receive free products from a brand. Tags such as "#advertisement," "#collaboration," "sponsored content," and "brand collaboration" should be used in a way that is immediately visible to the consumer. Hiding the advertisement tag among other hashtags, placing it at the bottom of the description, or writing it in a way that the consumer cannot see it without clicking on "more" may not be sufficient.

The advertising brand cannot evade responsibility either. According to the guidelines, advertisers are responsible for informing social media influencers about the relevant rules, striving to ensure compliance, and taking precautions against violations. The advertiser, agency, and media organization may be held separately liable.

Fake Reviews, Ratings, and User Experience Deception

In e-commerce, consumers largely base their purchasing decisions on product reviews, star ratings, seller reviews, and user experiences. Therefore, fake reviews, manipulated ratings, and inauthentic user experiences carry the risk of unfair business practices.

For example, a seller might mislead consumers by writing fake positive reviews for their own product, organizing negative reviews for competing products, buying fake reviews for a fee, systematically hiding negative reviews, or transferring irrelevant reviews to the relevant product. If terms like "bestseller," "customer favorite," or "highest rated" are used, the basis for this ranking must be objective.

Marketplace platforms should also manage their review and rating systems transparently. Consumers should be able to understand whether the reviews come from real buyers, whether they are sponsored rankings, and what criteria products are listed according to. Otherwise, the platform's recommendation and ranking systems may mislead consumers into making purchasing decisions.

Marketplace Campaigns and Coercion of Sellers into Participating in Campaigns

Major campaign periods on e-commerce marketplaces have a significant commercial impact on sellers. The platform may require sellers to participate in specific campaigns, offer discounts, provide free shipping, or allocate advertising budgets. However, the seller's participation in the campaign must be legal, transparent, and contractually based.

Article 1 of the Supplementary Provisions of Law No. 6563 considers any act of forcing a seller to sell goods or services at a discounted price, including unilateral changes to the sales price by an e-commerce service provider, as an unfair commercial practice. The same article also lists failure to make timely payments, retroactive or unilateral contract changes to the detriment of the seller, and lowering a seller's ranking without objective criteria as examples of unfair practices.

Therefore, marketplace platforms should clearly define campaign terms in the brokerage agreement, transparently display service fees charged to sellers, and not force sellers to participate in campaigns through indirect pressure. Lowering a seller's ranking or restricting their services due to their non-participation in a campaign, without objective criteria, creates legal risks.

The GDPR Aspect in Advertising and Campaigns

In e-commerce, advertising and campaign activities often involve the processing of personal data. Retargeting ads, cookies, pixel codes, campaign delivery based on shopping history, email/SMS sending, segmentation, loyalty programs, personalized coupons, and abandoned cart reminders can all constitute personal data processing.

Therefore, the Personal Data Protection Law (KVKK) and the legislation on commercial electronic communications should be considered together when conducting advertising campaigns. In order to send an SMS or email campaign to a consumer, a consent and rejection mechanism compliant with the legislation on commercial electronic communications is required. If cookies and advertising technologies are used, the possibilities of informing, obtaining explicit consent, and transferring data abroad should also be evaluated.

Personalized ads can be beneficial for consumers; however, profiling without clearly informing the consumer, using sensitive behavioral data in ad targeting, or failing to effectively offer the consumer's right to refuse poses legal risks. E-commerce companies should monitor the basis of data processing as much as the performance of advertising.

Advertising Board Supervision and Administrative Fines for 2026

In e-commerce, advertising and campaign violations may be subject to the supervision of the Advertising Board. The Advertising Board may investigate issues such as misleading advertising, covert advertising, unfair commercial practices, false discounts, price deception, campaigns misleading consumers, influencer advertising that violates regulations, or false product claims.

According to the Ministry of Trade's announcement regarding administrative fines for 2026, administrative fines under Law No. 6502 have been increased by 25.49% as of January 1, 2026. The Ministry stated that in cases of deceptive and misleading advertising and unfair commercial practices, the Advertising Board may impose administrative fines ranging from 99,339 TL to 39,916,524 TL in 2026, taking into account criteria such as the unfair nature of the violation, the benefit obtained, the damage caused, fault, and economic situation.

These figures demonstrate that e-commerce advertising can no longer be taken lightly as "marketing language." Especially during major campaign periods, even a single misleading campaign can result in significant administrative fines, advertising bans, reputational damage, and consumer complaints for high-revenue e-commerce companies and marketplace platforms.

Legal Compliance Checklist for E-Commerce Companies

E-commerce companies should prioritize recording price history in their advertising and campaign processes. It's crucial to remember that discounted sales advertisements should use the lowest price applied within the last 30 days as a reference. Raising prices before a campaign and then falsely presenting a discount carries significant risks.

Secondly, the campaign terms and conditions must be clearly stated. The campaign duration, stock limits, product scope, minimum basket amount, shipping terms, coupon usage, whether it can be combined with other discounts, and how the campaign will be applied in case of returns should be clearly indicated in a way that is easily understandable to the consumer.

Thirdly, advertising texts and visuals must be realistic. Product images, technical specifications, price, delivery time, stock availability, and discount rates must be verifiable.

Fourthly, the advertising label in influencer ads must be clear and visible. The contract between the brand, agency, and influencer should regulate the advertising label, content approval, prohibition of health/financial claims, use of filters, and liability clauses.

Fifthly, marketplace platforms should not force sellers to participate in campaigns; campaign participation should be conducted objectively and based on a contract. Lowering a seller's ranking due to non-participation in a campaign, without objective criteria, risks unfair commercial practices.

Sixth, advertising campaigns must comply with the Personal Data Protection Law (KVKK) and commercial electronic communication legislation. SMS, email, mobile notifications, cookies, pixels, and retargeting activities must be managed in accordance with their legal basis.

Conclusion

Advertising, campaigns, and unfair trade practices in e-commerce are among the most sensitive legal areas of digital commerce. E-commerce companies may use discounts, campaigns, coupons, influencer collaborations, retargeting, product comparisons, and marketplace advertising to increase sales. However, all these tools must be implemented in a clear, accurate, and transparent manner that does not mislead the consumer.

Key requirements for discounted sales advertisements include referencing the lowest price offered in the last 30 days, clearly stating campaign terms and conditions, ensuring that phrases like "last chance" and "limited stock" are factually accurate, visibly disclosing the advertising relationship in influencer ads, and avoiding surprising consumers with additional charges during the payment process. The Ministry of Trade's guidelines on price information and discounted sales advertising serve as an important guide for advertisers, sellers, suppliers, and intermediary service providers in this field.

The prohibition of unfair trade practices is also important for marketplace platforms. Forcing sellers to offer discounted sales, failing to make payments on time, unilaterally amending contracts retroactively, or lowering a seller's ranking without objective criteria may give rise to legal liability under Law No. 6563.

Considering that by 2026, administrative fines for deceptive and misleading advertisements and unfair commercial practices could range from 99,339 TL to 39,916,524 TL, legal oversight of e-commerce advertising has become mandatory for companies.

In conclusion, a successful e-commerce campaign is not simply one that generates high sales. A legally compliant campaign is one that provides consumers with accurate information, displays transparent pricing, proves the discount rate, does not conceal the advertising relationship, processes personal data in accordance with regulations, and maintains a balance between seller and consumer. E-commerce companies managing their advertising and campaign processes collaboratively with their marketing, legal, GDPR, customer service, and operations teams reduces the risk of administrative fines and strengthens consumer trust.