Turkish Data Protection Authority and Turkish Ministry of Trade sign cooperation protocol on targeted advertising and dark patterns

The Turkish Personal Data Protection Authority and the Turkish Ministry of Trade General Directorate of Consumer Protection and Market Surveillance announced on 28 August 2024, through a joint statement published on their respective websites, that they have entered into a new cooperation protocol.

As a result of rapidly developing digitalization in the world, digital advertising and practices are replacing traditional methods in the fields of marketing, sales and advertising. Accordingly, a large amount and variety of data is used to ensure accuracy and consistency regarding the person targeted by the advertisement, and to carry out advertising activities according to their level of interest and relevance.

The announcement highlights that targeted advertising and deceptive commercial patterns (often referred to as dark patterns) based on personal data which are directed at consumers in digital environments pose risks by enabling decisions to be made on an individual basis and making users identifiable. Such practices inevitably cause personal data protection law and consumer protection law to intersect, as they affect the purchasing behaviour of consumers by breaching data privacy.

The new cooperation protocol is aimed at raising awareness in society about targeted advertising and deceptive commercial patterns, to follow international regulations and practices in common areas regarding digital advertising and practices and the use of personal data, and to produce joint policies against existing or potential breaches.

Intent on increasing consumer awareness on digital advertising and strengthening consumers’ control over their personal data, the protocol is expected to bring about closer cooperation and further information sharing between the two authorities, especially within the scope of the investigations carried out in their respective areas of jurisdiction.