While shop window displays or print advertisements were traditionally used in commerce to steer consumer purchasing preferences, the evolution of digital commerce has replaced these methods with software interface manipulations targeting human psychology, perceptual biases, and cognitive vulnerabilities. Presented under the guise of “user experience” (UX) but in reality directing individuals toward consumer transactions they would not ordinarily enter into under normal circumstances, or coercing them into sharing personal data, these deceptive interfaces are referred to as “Dark Patterns” (or Dark Commercial Patterns) in legal doctrine and international practice.
Although there is no standalone statutory definition under the name “dark pattern” in Turkish positive law, these practices are regulated under Law No. 6502 on the Protection of Consumers (TKHK) Articles 61, 62, and 63, the Regulation on Commercial Advertising and Unfair Commercial Practices (specifically Annex A/22), the Regulation on Subscription Contracts, and Law No. 6698 on the Protection of Personal Data (KVKK); they are subject to severe sanctions imposed by the Advertising Board within the Ministry of Trade and the Competition Board.
1. What is a Dark Pattern and Where Does Its Legal Basis Derive From?
Dark patterns are deceptive user interface (UI) architectures developed by e-commerce websites, mobile applications, and subscription-based platforms to distort users’ rational decision-making processes and secure commercial benefits in favor of the seller/provider.
The direct statutory equivalent of these designs in Turkish law is set forth in Article 22 of the Annex list (Blacklist) of the Regulation on Commercial Advertising and Unfair Commercial Practices:
“The use of methods such as steering interface designs, options, or expressions regarding a good or service in an online environment that adversely affect consumers’ decision-making or choice-making intentions, or aim to cause changes in the decision they would make under normal circumstances in favor of the seller or provider, is deemed an unfair commercial practice in all circumstances.”
Legal Nature: Distinction Between Administrative Sanctions and Contractual Defect of Will
Dark patterns produce consequences across two distinct legal dimensions:
- In terms of Administrative Law (TKHK Arts. 62, 63, 77): It constitutes an “unfair commercial practice” and “deceptive advertising” misdemeanor established ex officio or upon complaint by the Advertising Board. It entails administrative fines, suspension/stoppage, and correction sanctions.
- In terms of Private Law (TCO Arts. 30–39): Due to the exploitation of the consumer’s bounded rationality (default bias, loss aversion, etc.), it may constitute a defect of will (mistake, fraud/deceit) under the Turkish Code of Obligations. The consumer has the right to rescind the contract based on this transaction and demand the refund of unlawfully collected amounts.
2. Typical Dark Pattern Types and Precedent Advertising Board Decisions
The most prevalent manipulative interface types highlighted in Advertising Board inspections and the Board’s precedent decisions are as follows:
a) Pre-selected / Pre-ticked Boxes
Presenting travel insurance, extended warranties, donations, or long-term subscription packages as pre-selected by default at the purchase or payment step without the consumer’s active request. Since there is no positive declaration of intent by the consumer, this constitutes an outright unfair commercial practice pursuant to Regulation Annex A/22.
- Precedent Decisions: In the Advertising Board’s decision dated 18.05.2023 and numbered 2023/230, a digital platform’s pre-selection of an annual subscription by default at the checkout stage was penalized with a suspension order. Similarly, in decision numbered 2023/5991 dated 08.03.2023, offering a paid additional service as pre-ticked on the payment page was evaluated as forcing the consumer into an unwanted contract.
b) Subscription Mazes and Obstruction of Cancellation (Roach Motel Principle)
On platforms where membership is established with a single click in seconds, concealing cancellation steps deep within menus, designing multi-step dissuasion screens, or mandating phone calls to a call center to cancel a contract executed online.
- Precedent Decisions: In the Advertising Board’s decision dated 07.03.2023 and numbered 2024/2266, the fact that cancellation of membership was not as easy as the sign-up stage along with targeted advertising imposition were subjected to suspension and correction sanctions. In the Board’s file numbered 2023/326, making it difficult to opt out of targeted advertising within account settings was found contrary to the legislation.
c) Confirmshaming
In cases where a consumer wishes to decline an offer, insurance, or newsletter subscription, framing the decline option with phrases that induce guilt, inadequacy, or shame.
- Precedent Decision: In the Advertising Board’s decision dated 21.01.2025 and numbered 2025/842, using the statement “I do not need any guarantee” for the option not to purchase an additional service was deemed “misleading to the average consumer and impairing the consumer’s decision-making will in favor of the seller,” resulting in a suspension sanction.
d) Fake Countdown Timers and Artificial Stock Pressure (Fake Urgency & Scarcity)
Discount countdown timers that reset when the page is refreshed or “Only 1 item left” notices that do not reflect actual stock levels are deceptive commercial practices that prevent consumers from conducting reasonable price research.
- Precedent Decisions: In the Advertising Board’s decision numbered 2025/2310, concealing promotional conditions and misleading the consumer regarding discount terms were subject to a suspension sanction. In the Board’s decision numbered 2021/3750, displaying a lower price on social media while presenting a higher price on the purchase link (drip pricing) was penalized.
e) Review and Rating Manipulations (Fake Reviews & Deceptive Rankings)
Pursuant to Regulation Art. 28/B, consumer reviews must only be accessible to those who have actually purchased the product and must be published based on objective criteria for at least 1 year.
- Precedent Decisions: In the Advertising Board’s decision numbered 2022/2227, providing businesses with fake positive reviews and high ratings for a fee was found contrary to fair competition principles and suspended. In files numbered 2025/1018 and 2025/2700, manipulating review ranking algorithms and restricting consumer evaluations were deemed unfair commercial practices.
f) Concealment of Promised Conditions and Incomplete Information
- Precedent Decisions: In the Advertising Board’s decision numbered 2022/575, the failure to practically provide the in-store exchange option promised on the website, and in decision numbered 2020/1751, concealing an exception to the product’s primary promise were found misleading to the consumer. Furthermore, with decision numbered 2021/1478, the advertiser’s liability in covert advertising conducted via social media influencers was reaffirmed.
3. Consumer Legislation, Burden of Proof Rule, and the KVKK Dimension
The primary legal rules established by legislation in combating dark patterns are as follows:
a) Burden of Proof Lying with the Seller/Provider (TKHK Art. 62/2 and Art. 61/6)
The most critical procedural rule in practice is the burden of proof. The consumer is not obligated to technically prove that the interface is manipulative.
- Law No. 6502 Art. 62/2: “In the event that a commercial practice is alleged to be unfair, the party engaging in the commercial practice is obligated to prove that this practice is not an unfair commercial practice.”
- Law No. 6502 Art. 61/6: The obligation to prove the accuracy of claims contained in a commercial advertisement rests with the advertiser.
b) Subsequent Rectification Not Eliminating Liability (Regulation Art. 32/1)
Defenses by businesses such as “We fixed the system, we redressed the consumer grievance” do not eliminate administrative liability. Pursuant to Regulation Art. 32/1, the fact that an unlawful practice has been subsequently rectified or remedied does not discharge the advertiser’s or the commercial practitioner’s liability for administrative fines and suspension sanctions.
c) Principle of “Ease of Termination” in Subscription Contracts (TKHK Art. 52/4)
The legislator has explicitly stipulated: Terminating a contract must be at least as easy as executing it. Conditions such as calling a call center, sending a fax, or going through complicated steps cannot be imposed to cancel a subscription established with a single click via a website or mobile application. The termination must be finalized within 7 days from the moment the termination notice is given, and any collected balance must be refunded without deduction within 15 days.
d) KVKK, Cookie Walls, and Targeted Advertising Impositions
Under KVKK No. 6698, the validity of explicit consent depends on its being based on free will.
- Conditioning the provision of service upon non-essential marketing cookies or targeted advertising consent is unlawful.
- In cookie banners/windows, a “Reject All” button must be present alongside the “Accept” button with the same size, color, and ease of access.
- Making opting out of targeted advertising after subscription more difficult than accepting it vitiates explicit consent and is subject to KVKK sanctions.
4. Administrative Oversight, Competition Law, and International Standards
a) Powers of the Advertising Board and Administrative Judicial Review
In examinations conducted ex officio or upon complaint, the Advertising Board may issue decisions on suspension, correction, administrative fines, and provisional suspension or access blocking for up to 3 months (TKHK Art. 63, Art. 77).
- Advertising Board decisions constitute administrative acts. Pursuant to TKHK Art. 78/2, businesses may file an annulment action against these decisions before Administrative Courts within 30 days from notification.
- Important Distinction: As a public authority, the Advertising Board imposes administrative fines; however, it does not directly issue refunds to consumers. Individual refunds must be claimed through Consumer Arbitration Committees and the courts.
b) Competition Law Dimension (Algorithmic Intervention and Self-Preferencing)
Major digital platforms structuring interface and ranking algorithms in a way that manipulates user preferences or forecloses competitors is considered an “abuse of dominant position” (Law No. 4054 Art. 6) by the Competition Board:
- Self-Preferencing: Marketplaces intervening in smart listing algorithms to rank their own retail products higher constitutes an antitrust violation (Competition Board Trendyol decision, 26.07.2023, 23-33/633-213).
- Discrimination in Search and Referrals: Search engines or referral platforms misleading consumers by granting preferential visibility to certain business partners has been subject to administrative remedies (Google Shopping Decision, 20-10/119-69; Nesine/Maçkolik Decision, 25-07/170-84).
- Gatekeeping and Mandatory Data Sharing: Exploiting the information asymmetry between the consumer and the platform to force data sharing has been deemed unlawful (WhatsApp Decision, 22-48/706-299; Meta Decision, 24-45/1053-450).
c) Comparative Law: EU Digital Services Act (DSA) Perspective
Pursuant to Article 25 of the European Union Digital Services Act (DSA), online platforms are strictly prohibited from designing interfaces that deceive, manipulate, or otherwise impair the ability of users to make free and informed decisions. Although Turkish law does not yet have a standalone platform regulation akin to the DSA, EU norms and the principles of the UCPD (Unfair Commercial Practices Directive) are effectively applied as interpretative tools in Advertising Board decisions.
5. Compliance and Legal Remedy Guide for Consumers and Digital Businesses
a) Remedies Available to Consumers
- Preservation of Evidence: Screenshots or screen recordings including date and time stamps should be taken of the manipulative timer, concealed cancellation button, or pre-ticked box.
- Refund of Charges (Consumer Arbitration Committee): For additional service or subscription fees collected without consent, an application should be submitted free of charge via e-Devlet (TÜBİS) to the Consumer Arbitration Committee (THH) in the place of residence, subject to monetary thresholds. Decisions of the Committee have the force of a court judgment (ilam) and are enforceable.
- Rescission of Contract (TCO Arts. 30–39): For transactions entered into through deceit and mistake, the contract may be rescinded by claiming a defect of will within a 1-year statutory period.
- Chargeback: If unauthorized charges continue on the card despite cancellation, a chargeback/dispute request should be submitted to the bank.
- Administrative Complaint (Advertising Board & KVKK): Administrative fines can be initiated by reporting websites conducting unfair commercial practices to the Ministry of Trade Advertising Board, and cookie violations to the KVKK (Personal Data Protection Authority).
b) “Legal Design” and Compliance Principles for E-Commerce Websites
- Principle of Symmetry and Equal Prominence: “Accept” and “Reject” buttons must be designed with the same hierarchical weight in terms of color, contrast, size, and placement.
- Neutral Default State: No additional product, warranty, insurance, or subscription boxes should be presented as pre-ticked at the cart and checkout stages; the consumer’s positive opt-in must be required.
- Verifiable Timers and Transparent Pricing: Timers that reset upon page refresh must be removed; hidden costs subsequently added under the name of “operational fee” (drip pricing) must be avoided.
- Single-Click Cancellation Integration (Click to Cancel): A prominent, unconcealed “Cancel Subscription” button must be placed in the account dashboard with the same ease by which the membership was initiated, providing immediate timestamped cancellation confirmation.
- Review Transparency (Regulation Art. 28/B): Reviews must only be accessible to consumers who have actually purchased the product and must be published based on objective criteria for at least 1 year.
6. Importance of Specialized IT and Consumer Law Legal Counsel
The interface architecture of digital platforms now carries legal risks too high to be left solely to the discretion of software and marketing teams.
- For Businesses: Having interfaces, user flow charts, distance contracts, and cookie policies audited by an attorney specialized in IT and consumer law prevents substantial administrative fines and access blocking risks that may be imposed by the Advertising Board, the Competition Board, and the KVKK.
- For Consumers: For consumers subjected to unauthorized deductions or victimized by deceptive subscription flows in digital environments, conducting evidence preservation, THH, and litigation procedures through professional legal representation prevents loss of rights and ensures complete recovery of funds.
7. Frequently Asked Questions (FAQ) in Light of Precedent Decisions and Legislation
Question 1: As a consumer, am I required to prove that the website interface misled me?
Answer: No. Pursuant to Article 62/2 of Law No. 6502 on the Protection of Consumers, the burden of proving that a commercial practice is not unfair rests directly with the seller or provider. Once the consumer documents the transaction they were subjected to, the onus of proving the lawfulness of the practice shifts to the business (See also Istanbul Regional Court of Justice 43rd Civil Chamber, Docket No. 2020/1564, Decision No. 2023/1013).
Question 2: Is an insurance or warranty fee that appears pre-checked (pre-selected) on the purchase screen legal?
Answer: Absolutely not. Pursuant to Article Annex A/22 of the Regulation on Commercial Advertising and Unfair Commercial Practices, pre-ticked boxes are direct unfair commercial practices. A refund of these charges collected without the active and explicit consent of the consumer, along with legal interest, can be demanded through the Consumer Arbitration Committee (Advertising Board, 18.05.2023, 2023/230; 08.03.2023, 2023/5991).
Question 3: Does a company avoid penalization if it subsequently corrects a deceptive timer or hidden button in the interface?
Answer: No. Pursuant to Regulation Art. 32/1, the fact that an unlawful practice was subsequently rectified or that the consumer grievance was subsequently redressed does not eliminate the company’s administrative liability and administrative fines regarding the established non-compliance.
Question 4: Is it legal for a company to require me to make a phone call to cancel a subscription I initiated online?
Answer: No. Pursuant to Law No. 6502 Art. 52/4 and the Regulation on Subscription Contracts, the provider cannot impose a method for termination that is more burdensome than the execution of the contract. Subscriptions established through a digital channel must be capable of being terminated via the same digital channel through a directly accessible button (Advertising Board, 2024/2266).
Question 5: Is the failure to include a “Reject All” button in the cookie consent banner a violation of the KVKK?
Answer: Yes. In accordance with the KVKK Cookie Guidelines and established principles, explicit consent must be based on free will to be valid. Asymmetric designs where exercising the right to reject is made more difficult compared to accepting vitiate explicit consent and are subject to administrative fine sanctions under KVKK Art. 18 (Advertising Board, 2023/326).
Question 6: Are dark patterns directly considered fraud under the Turkish Criminal Code (TCK)?
Answer: As a rule, dark patterns constitute an “unfair commercial practice” misdemeanor subject to administrative sanctions under Law No. 6502. Not every manipulative design constitutes a criminal offense per se. However, in concrete cases where the perpetrator intentionally obtains an unlawful benefit by using information systems as an instrument through fraudulent acts and the conduct reaches an intensive degree of deceptive capacity, a criminal investigation may arise under TCK Art. 158/1-f (Aggravated fraud through the use of information systems).