Product Safety and Product Liability

Product and Legislation Scope Map

The applicable rules are determined by examining the product’s technical name, intended use, target user, components, mode of operation, risks, GTİP information, sales channel and target countries. A single product may be subject at the same time to electrical safety, electromagnetic compatibility, radio equipment, machinery, chemical restrictions, energy labeling, ecodesign, toys, personal protective equipment or another sector-specific regulation. The complementary role of the general product safety provisions is assessed separately. The text in force, transitional provisions, drafts, standards and customer requirements are shown in separate columns; the responsible authority, the document set, the date of first placing on the market and the need for renewal are recorded product by product.

Economic Operator Role and Responsibility Analysis

The actual role of the manufacturer, importer, authorized representative, distributor, retailer, fulfillment service provider, online seller and intermediary service provider is assessed independently of the title in the contract. A party that places a product on the market under its own name or trademark, or that makes a change to a product that may affect conformity, may be subject to the obligations of a manufacturer. The flow of supply, private-label production, import, storage, assembly, software updates and after-sales service is mapped out. For each role, document checks, notification to authorities, corrective action, record retention, consumer communication and rights of recourse are arranged through a written responsibility matrix.

General Product Safety Assessment

For consumer products where no specific technical regulation exists or where one is incomplete as to a particular risk, the general safety requirements are examined. The product’s design, composition, packaging, assembly, maintenance, interaction with other products, presentation, warnings, reasonable period of use and foreseeable forms of misuse are addressed. Risks are assessed separately for children, the elderly, persons with disabilities or other vulnerable user groups. Applicable national, European or international standards, the state of technical knowledge, codes of good practice and the consumer’s reasonable safety expectations are examined together. Care is taken that a warning does not become the only method of passing on to the user a risk that could be eliminated through design.

Basis: Law No. 7223 · Product rules · General product safety

Sector-Specific Technical Regulation Compliance Program

Specific rules apply to machinery, electrical devices, radio equipment, pressure equipment, elevators, toys, construction materials, personal protective equipment, medical devices, cosmetics, products in contact with food, chemicals, textiles, vehicles and other regulated product groups. Essential requirements, production control, performance classes, registration, permits, notifications, clinical or technical evaluation and post-market surveillance conditions are separated by sector. An umbrella regulation is not substituted for a specific provision. For a product family, the list of obligations is prepared to include the competent authority, the applicable module, standards, language, marking, retention and notification conditions.

Standard Selection and the Presumption of Conformity

It is checked whether the reference of the harmonized standard has been published in the current official list, which essential requirements the standard provides a presumption of conformity for, and what the transition dates are. The applicability of the standard to the entire product family is assessed in terms of intended use, size, energy source, software, age group and environmental conditions. The legal effect of an old version, a draft text or a standard based solely on a customer’s request is stated clearly. If a standard is not applied, the file shows how the essential requirements will be demonstrated by another technical method. Rather than the name of a certificate, test or report, its scope, sample, method and validity are taken as the basis.

Determining the Conformity Assessment Route

The internal production control, type examination, quality system, unit verification or other modules provided for by the relevant regulation are selected product by product. Whether the involvement of a notified body is mandatory, and the notification scope and product category of the body, are verified. For a product that requires a manufacturer’s declaration, an unnecessary third-party certificate does not transfer legal responsibility to a public authority or a laboratory. Sample selection, the test plan, production variants, critical components and the factory audit are recorded. Whether re-assessment, additional testing or an update of the declaration is needed after a change is defined in advance.

The CE Marking and Other Conformity Marks

The situations in which the CE marking is required, possible or prohibited are determined on the basis of the relevant regulation. The rules on the placement of the mark on the product, data plate, packaging or accompanying document, and on its visibility, legibility, indelibility, proportions and the identification number of the notified body, are checked. For a product subject to more than one regulation, the mark is affixed after the conformity process under all applicable CE legislation has been completed. It is ensured that other marks do not overshadow the meaning of the CE marking or give the consumer the impression of public approval. A corrective roadmap is prepared for a wrong mark, an incomplete technical file or a declaration that does not match the product’s actual characteristics.

Declaration of Conformity, Declaration of Performance and Document Architecture

The mandatory elements, signing authority, product description, and legislation and standard references of the EU declaration of conformity, declaration of performance or sector-specific declaration are examined. The document is not copied from a text prepared for another model or a different product variant. The model, type, serial number and product code that clearly distinguish the product, and the software version where necessary, are used. The same legal scope is preserved across multiple language and country versions. When the references to regulations or standards in the declaration change, the update procedure is run. Consistency is ensured between the product name in the commercial offer, catalog, website and customs file and the technical declaration.

Basis: Law No. 7223 · Umbrella legislation · Implementing regulations

Legal Review of the Technical File

The technical file is organized, to the extent required, with the general description of the product, design and production drawings, component lists, risk assessment, essential requirements matrix, calculations, test reports, standards, quality records, labels, instructions, declaration and change history. The legal review does not replace the engineering calculation; it examines which record answers which requirement of the regulation and whether the evidence belongs to the actual product. The sample, laboratory scope, date and variant link of a third-party report are shown clearly. The retention period, access authority, response language to an authority’s request and the integrity of the file are determined according to the sector-specific rule.

Notified Body, Laboratory and Certification Contracts

The body’s authority and notification scope, accreditation link, the assessment to be carried out, sampling method, use of reports, surveillance, change notification and document suspension conditions are examined in the contract. Passing a test does not automatically shift responsibility for placing the product on the market to the service provider. Ownership of technical records, right of access, confidentiality, subcontractors, audit data and dispute provisions are regulated. How production and sales units will be informed in the event of a negative finding or the cancellation of a document is determined. The acceptance of a foreign body’s document in Türkiye or the target market is verified separately according to the regulation and the conditions of mutual recognition.

Labels, Marking, Turkish Instructions and Safety Information

The manufacturer, importer, model, serial or batch number, origin, composition, age, capacity, use, maintenance, disposal, warning and marking information on the product and packaging is checked according to the product group. It is ensured that the mandatory Turkish information carries the correct technical meaning, does not conflict with the foreign-language text and is presented legibly. The user manual explains, to the extent necessary, not only safe use but also the risks of installation, cleaning, storage, maintenance, software updates and foreseeable misuse. The warning text is not used as a general disclaimer that conceals a design or production defect. Whether a digital instruction can replace the physical information obligation is determined by the specific provision.

Product Identity and Supply Chain Traceability

A consistent product identity is established across model, type, serial number, batch, barcode, production date, facility, supplier and software version. Records of from whom the economic operator obtained the product and to whom it supplied it are kept accessible for the period required by the law and the specific regulation. Retail consumer data is not unnecessarily duplicated; corporate sales and distribution information is kept in sufficient detail for the purpose of a recall. The separation of products whose component or risk profile changes under the same barcode is ensured. Traceability is used to narrow down the risky batch, to give effective notice, to respond to a request from an authority and to protect the commercial reputation of unrelated products.

Basis: Law No. 7223 · Implementing regulations

Product Risk Assessment and Safe Design

Hazard, exposure, probability and severity of harm are assessed on the basis of the product’s normal and foreseeable use. Mechanical, electrical, thermal, chemical, biological, radiation, fire, choking, ergonomic, connected-device and software risks are addressed according to the product concerned. In risk reduction, priority is set in this order: safe design, protective technical measures and user information. A recurring accident scenario is not excluded on the assumption that the user will be careful. The risk assessment is prepared not merely as a score table but as a version-controlled decision record containing the acceptance criterion, assumptions, controls, verification and the rationale for residual risk.

Production Control and Product Change Management

To preserve the approved design in series production, critical components, suppliers, processes, measurements, software, molds, packaging and final inspection points are identified. The threshold at which a change request is to be reviewed by engineering, quality and legal is defined. A component substitution made for reasons of cost or availability is not implemented without testing its effect on safety, electromagnetic characteristics, chemical content or durability. The separation, rework, destruction and prevention of market release of non-conforming products are recorded. If the factory, contract manufacturer or country changes, whether the existing document set continues to apply is re-assessed.

Supplier and Component Conformity

Supplier selection is not made on price and delivery time alone; the technical requirements of the critical component, its testing and declaration, place of production, traceability and capacity to give notice of changes are examined. The effect of a supplier’s document on the conformity of the final product is used within its proper limits; a component certificate is not substituted for the assessment of the final product. Provisions on mandatory legislation, prohibited substances, samples, audits, record retention, incident notification, change approval and cooperation on recalls are added to the purchasing specification. A verification method is established for access to the critical data of sub-suppliers and for the risk of forged documents. A contractual right of recourse does not remove the primary obligation toward the public and the injured person.

Used, Refurbished, Repaired and Service-Supplied Products

Where the conditions are met, the general product safety rules may apply to used, refurbished or repaired consumer products as well as to new products. The product’s history of use, the scope of repair, the components replaced, safety tests, software support and remaining life are assessed. The exceptions concerning products that are expressly stated to require repair before use and products that are antiques are interpreted narrowly. A distinction is made between a product made available to the consumer during a service, such as at a hotel, sports facility, children’s area or rental business, and equipment the service provider uses solely in its own work. Whether refurbishment or a substantial modification moves the party into the role of a manufacturer is examined.

Basis: Law No. 7223 · General product safety

Pre-Import Compliance, GTİP and TAREKS Processes

The product’s GTİP classification, the 2026 Product Safety and Inspection Communiqués, the scope of TAREKS, any exemption or out-of-scope declaration, prior authorization and the relevant technical regulation are examined together. Consistency is ensured among the invoice, transport document, declaration, test report, marking, label, Turkish instructions and sample information. A document accepted at customs does not mean that the product has fulfilled all of its obligations on the domestic market. In the event of a physical inspection, additional documents, a test, rejection or conditional processing, the response calendar and the responsible team are determined. Because the annual communiqués change, the current text is checked product by product and shipment by shipment.

The Importer’s Legal Control System

The importer does not merely archive the document sent by the foreign manufacturer; it checks that the product’s conformity assessment has been carried out, that the technical file is accessible, that the mandatory marking and information are present, and that transport and storage conditions have not undermined conformity. Contact details in Türkiye are shown on the product, packaging or a document where a specific provision permits. Risk information, complaints, accidents and authority requests are passed on to the foreign manufacturer without delay. The importer’s access to documents, audit, change notification, corrective action, costs and rights of recourse for indemnification are expressly regulated in the supply contract.

Obligations of Distributors, Dealers, Retailers and Resellers

Before making a product available on the market, the distributor carries out a visible check of the applicable marking, information, documents and economic operator information; it does not sell a non-conforming product that it knows or ought to know about. It ensures that storage, transport, display, assembly or promotion does not undermine conformity. Records of the supply source and the sales channel are kept traceable. Complaints, accidents and risk notices are passed on to the manufacturer or importer and, where necessary, to the competent authority. A campaign, gift, display product, marketplace sale or outlet channel is not outside the safety obligation. In a recall, stock blocking, customer communication and the returns flow are regulated by contract.

Article 11 of Law No. 7223 contains two separate ten-business-day provisions for the notification of the name and contact details of a manufacturer, authorized representative or importer that cannot be identified, or, if these are not known, of the previous economic operator. The notification by the competent authority and the request of the injured person are assessed separately. A distributor that fails to provide information after service of the relevant notification or request may be treated as a manufacturer or held liable for compensation as a manufacturer. The status of “seller only” in a contract does not remove this review.

Authorized Representative and Fulfillment Service Provider Structure

The task of the authorized representative appointed in Türkiye by a manufacturer abroad is defined in a written authorization document clearly by scope, term and product. Access to the technical file, retention of the declaration of conformity, responses to authority requests, risk notification and cooperation on corrective action are regulated to the extent of the delegated tasks. The manufacturer’s primary design and production responsibility cannot be removed by an authorization document. The actual activity of a party providing storage, packaging, addressing or shipping services and its role under specific regulations are examined separately. The responsible economic operator arrangement for the EU market and the representation structure in Türkiye are not confused with one another.

Basis: Law No. 7223 · Distance selling regulation · 2026 import communiqués · Import inspections · TAREKS

Compliance Audit of Online Sales Listings and Digital Product Pages

On websites, mobile applications, social media stores and online marketplace listings, the mandatory product identity, manufacturer or relevant economic operator information, conformity mark, Turkish warnings and safety information are audited. The listing data is matched with the delivered model and packaging. Age, capacity, voltage, size or risk information does not get lost when a variant is selected. Information that is not visible in the image is provided in an accessible text field. Product data fields are matched with the Ministry of Trade’s current taxonomy document. Old listings, duplicate product pages and the search cache or relisting of a discontinued model are prevented from appearing active.

Online Marketplace and Intermediary Service Provider Processes

The intermediary service provider’s seller onboarding, product listing, information verification, contact point for authorities, reporting, content removal, access blocking, relisting and consumer notification processes are set up in line with the product safety provisions. The listing screen is designed so that it does not allow publication without the mandatory data field being filled in; a free-text field is not used in place of critical information. The response time to an authority’s notification is recorded at the level of content and product identity. The role analysis is renewed where the platform takes on its own branded product, storage or fulfillment service, packaging on behalf of the seller, and campaign control. Seller contracts regulate document submission, audit, suspension, costs and consumer communication.

Under the distance selling regulation in Türkiye, the intermediary service provider’s obligation to fulfill the competent authority’s requests within twenty-four hours and its obligation to take action immediately upon learning of non-conformity are different obligations. The two-business-day period tied to a warning addressed to the economic operator in the event of missing listing information is also tracked separately. These periods are not used as a single notification period applicable to all product accidents.

Basis: Distance selling regulation · Application guide · Taxonomy document

Complaint, Malfunction, Return and Safety Signal Management

Data arriving from channels such as the call center, service, dealers, marketplaces, social media, health records and insurance notifications is classified in a single safety monitoring system. Frequent malfunctions, overheating, breakage, leaks, irritation, small parts, electric shock or software errors are not treated merely as customer satisfaction issues. The link of the event with the model, batch, serial, geography and manner of use is analyzed. Even if no serious harm has occurred, repeated near-miss records may trigger the review threshold. Personal data in a complaint text is processed with limited access; technical data is preserved. It is set out in writing within what period a safety signal will be passed to management, the manufacturer and, where necessary, the authority.

Response to Accidents, Injuries and Serious Incidents

When death, injury, fire, poisoning, property damage or a serious hazard connected with a product is reported, human safety is put first; stopping use of the product and the necessary urgent notifications are assessed. The product, packaging, instructions, serial information, scene record, service history and software version concerned are preserved in an appropriate manner. The duties of the internal review team are separated from communication with the insurer, technical adviser, competent authority and injured person. Early disclosure does not contain a speculative statement that admits liability or settles the cause of the event. The notification to the authority, the consumer warning and the need for measures regarding other batches are assessed without delay according to the severity and extent of the event.

Corrective and Preventive Action Program

The root cause of non-conformity is examined through design, supply, production, testing, labeling, instructions, storage, software, assembly or usage data. Corrective action is not limited to changing the label on existing stock; the effect on products on the market, future production, suppliers and similar models is assessed together. The action owner, deadline, verification criterion and effectiveness check are determined. If the risk can be eliminated completely, reprocessing or an update is applied; if it cannot, the options of halting sales, withdrawal from the market, recall or disposal are applied. The legal effect of a voluntary measure taken without waiting for the competent authority’s request is not accepted as automatic exemption from sanctions until all the conditions in Law No. 7223 are met.

Recall Exercise and Product Crisis Preparedness

Before a real event, a tabletop exercise is carried out on a selected model and batch. Reaching the crisis team within two hours, stock blocking, producing the distribution list, contact with the authority, the draft consumer announcement, the call center scenario, product collection and the management decision are tested. The communication chain of the supplier, logistics company, dealer, marketplace and insurer is checked. The exercise is not solely the task of the quality unit; the participation of senior management, legal, information technology, communications and finance is required. Gaps identified in access, data, authority or contracts are closed by a set date. The exercise record is kept accurately and without exaggeration so that it shows the company’s preparedness in a real event.

The exercise period is a preparedness target; it is not a statutory notification period or a commitment that the firm will respond within the same period in every event.

Basis: Law No. 7223 · Surveillance framework

Halting Placing on the Market, Withdrawal from the Market and Recall

Onward shipment of a product in stock or in the distribution chain is stopped; batches and sales channels are identified through traceability records. The difference between withdrawal from the market and a recall of the product in the hands of the end user is preserved. Whether the risk can be eliminated by another effective measure, the proportionality of the measure and the possibility of reaching the consumer are assessed. In a recall, the options of bringing the product into conformity, replacing it with an equivalent safe product or refunding the price are arranged according to the specific legislation. Logistics, service, retailer, marketplace, disposal and cost flows are shown in a single operations plan. Notifications and measures in foreign markets are separately coordinated for the same product family.

Recall Announcement and Consumer Communication

The announcement contains the brand, model, serial or batch information that clearly identifies the product, an image where possible, a plain description of the risk, the measure taken, the action the consumer must take immediately and the contact details of the responsible party. The risk is not downplayed; no language that blames the consumer or uses vague technical wording is used. Accessibility for persons with disabilities, language, channel, visibility, duration of publication and the possibility of reaching purchasers directly are assessed. Press, web, social media, dealer, marketplace and call center texts rest on the same verified information. The announcement’s reach and return rate are monitored; if it is found ineffective, the channel, frequency or scope is strengthened. The authority’s power concerning the form and repetition of the announcement is taken into account in the work plan.

GÜBİS, Safety Gate and Public Risk Notifications

A GÜBİS record concerning a product found unsafe by a competent authority in Türkiye is examined at the level of product, model, batch, risk and measure taken. A notification does not automatically create a finding about all of the same company’s products; however, it may require an internal review for similar products and components. An EU Safety Gate notification is matched against the identity and technical structure of the same product sold in Türkiye or on other markets. A substantiated application is prepared to the relevant authority for the correction of a wrong product photograph, model or company information. The public statement and the company’s statement do not contradict each other; reputation management is not used as a tool for concealing risk information.

Basis: Law No. 7223 · Surveillance framework · GÜBİS · Safety Gate

Market Surveillance and Inspection Processes

The competent authority’s field of duty for the product group, the legal basis and scope of the inspection and the records it requests are determined. An inspection may be initiated through a label and document check, sampling from a warehouse or point of sale, an online mystery purchase, a test, a production site inspection or a complaint. A single point of contact is established within the company; the consistency of statements with the technical team’s and management’s records is ensured. Confidential or personal data that has not been requested is not unnecessarily submitted, but the statutory obligation to provide information is not obstructed. The record, sample, seal, handover, photographs and time limits are checked the same day; any deficiency or ground of objection is put in writing without delay.

Sampling, Testing and Technical Examination Disputes

It is examined whether the sample represents the correct product, model, batch and variant, and the conditions of opening, transport, storage and delivery to the laboratory of the packaging. The test method applied, the version of the standard, the equipment, measurement uncertainty, conditioning, number of samples and acceptance criterion are verified from the report. The laboratory’s authority or accreditation scope and the place of the test in the legal regulation are assessed separately. The manufacturer’s own report does not by itself invalidate the official sample result; nor is the official report beyond review as regards method and sample. The possibilities of a second examination, a witness sample, a technical opinion or an expert examination are used within the relevant procedure and time limit.

Submitting Explanations, Defense and an Action Plan to the Competent Authority

The reply to the authority’s letter is structured around the product identity, regulation, essential requirement, risk, test result, quantity on the market and measures taken. The company’s internal technical opinion and the legal defense do not contradict each other. Instead of merely saying that a document exists, it is explained which requirement and which product variant the document belongs to. The distinction among formal non-conformity, safety risk and serious risk is based on concrete data. For a remediable deficiency, a time-bound, measurable and verifiable action plan is submitted. Cooperation with the authority is not construed as a waiver of the right to object to an unlawful finding or a disproportionate measure. Service, time limits and application routes are tracked separately.

Administrative Measures, Fines and Judicial Applications

Decisions on temporary or permanent halting of placing on the market, prevention of making available on the market, withdrawal, recall, destruction, removal of internet content, access blocking, collection of costs and administrative fines are examined as regards the legal basis, authority, procedure, risk assessment and proportionality. Where there are several products, batches or violations in the same incident, the method of calculating the sanction is checked. Because the amounts of administrative fines are updated every year, old tables are not used. The authority to apply to and the time limit are determined according to the type of act and the service. The need for a stay of execution, and the criteria of public safety and damage difficult to remedy, are assessed on concrete records.

For administrative sanction decisions issued under the provisions of Law No. 7223, Article 22/2 of the Law indicates the administrative judicial route. Decisions based on another law are classified separately. The basis of the decision, its service, the time limit for application and the need for a stay of execution are assessed together; an automatic application to the criminal judgeship of peace (sulh ceza hâkimliği) is not prepared simply because a fine exists.

Basis: Law No. 7223 · Surveillance framework · Competent market surveillance authorities

Product Liability Compensation Claims

In an allegation that a non-conforming product has harmed a person or other property, the identity of the product, the non-conformity, the damage and the causal link are placed at the center of the file. The manufacturer or importer is assessed in terms of joint and several liability and the recourse relationship where there is more than one liable party. Claims for pecuniary damage, bodily injury, loss of support and non-pecuniary damages are handled according to the concrete event and the provisions of the Turkish Code of Obligations. The three-year period running from learning and the ten-year period in any case running from the occurrence of the damage, provided for in Law No. 7223, are placed on separate calendars. The possibility that contractual and compensation provisions in other laws apply is preserved.

Contract clauses that release the manufacturer or importer from, or reduce, liability for compensation arising from the product are void under Article 6/4 of Law No. 7223. Internal recourse and insurance relationships in the supply chain are regulated separately from the removal of liability toward the injured person.

Product Liability Defense for the Manufacturer and Importer

Matters such as whether the product was in fact placed on the market by the party concerned, model and serial attribution, later modification, incorrect installation, lack of maintenance, unforeseeable use, a counterfeit product, interference by the distributor and compliance with the mandatory technical rule are examined against the records. A ground for exemption from liability is established not by an abstract allegation but by product and event data. The user-error defense is not made without assessing whether the design took foreseeable misuse into account. Earlier complaints, service bulletins, change history and similar incidents are retained. Communication with the injured person, notification to the insurer, the authority process and any settlement talks are conducted in a strategy that does not undermine one another.

Non-Conformity Arising from Design, Production, Warning and Digital Elements

A product problem may arise from different causes such as unsafe design, a production deviation, an inadequate warning, wrong instructions, component incompatibility, a software error, a security vulnerability, a faulty update or the failure to provide a necessary update. The effect on safe operation of the physical product together with its connected software, cloud function and digital service is examined as a whole. An individual defect in a production series is distinguished from a systematic design problem affecting the whole model. If the risk emerged later, the obligation of post-sale monitoring and updating is assessed. The existence of a newer or more advanced product on the market does not by itself make the earlier product non-conforming; the safety expectation and state of knowledge at the relevant date are taken as the basis.

Technical Examination, Expert and Evidence Strategy

The product, packaging, serial plate, user manual, purchase and service records, scene photographs, health or damage records, fire and law enforcement reports, test reports, software logs and recall records are collected for the file by an appropriate method. Because repairing, destroying or operating the product may affect the examination, a technical and legal decision is made in advance. The expert is not asked only the question “is the product defective”; the applicable technical rule, the mechanism of the event, alternative causes, modification, use and the link with the damage are divided into separate questions. The limits of a one-sided examination are stated; where necessary, the preservation of evidence and the calling for the authority’s records are considered.

Defective Goods, After-Sales Service and Commercial Sale Disputes

Where the product does not have the qualities promised in the contract or objectively required, a consumer transaction, a commercial sale and a contract for work are assessed separately. Rights of choice such as repair, replacement, price reduction or rescission of the contract are examined together with the conditions of notice, time limit, service, use and proof. A shortfall in the value of the product itself and damage it causes to another person or property are not treated as the same type of claim. The Consumer Arbitration Committee (Tüketici Hakem Heyeti), consumer court, commercial court, arbitration or contractual dispute route is determined according to the concrete relationship. Where there is a serial product problem, individual claims, collective risk, authority action and recall are managed together.

Criminal Investigation and Victim Representation in Product-Related Incidents

In product incidents involving death, injury, document forgery or suspicion of another offense, the criminal process is assessed separately from the administrative inspection and the compensation file. For managers and employees who are suspects or defendants, records of duty, decision, instruction and connection with the event are examined; for injured persons, the conditions of complaint, submission of evidence and intervention are assessed. The lawful preservation of technical examinations, samples, records and expert opinions is ensured. If there is a conflict of interest between the company and an individual or between different parties, the need for separate representation is taken into account. A finding that a product is non-conforming does not by itself prove the criminal liability of a particular person; fault and attribution conditions are examined in the concrete event.

Basis: Law No. 7223 · Law No. 6502 · Turkish Code of Obligations · Turkish Criminal Code · Code of Criminal Procedure

Product Safety Contracts, Indemnification and Insurance Arrangements

In manufacturing, private-label, supply, distributorship, import, logistics, marketplace, service and software contracts, the applicable product rules and the provisions on document delivery, audit, change, complaint, incident notification, corrective action, recall, costs and recourse are regulated. A general sentence such as “complies with all legislation” is not sufficient for the allocation of duties. Provisions that remove product liability toward the injured person are distinguished from the internal recourse arrangement among the parties. The scope, exclusions, notification period, deductible and territorial conditions of product liability, recall, cyber incident and business interruption insurance are examined. Having a policy does not replace the obligation to place safe products on the market and to cooperate with the authorities.

Legal Due Diligence in Mergers, Acquisitions and Product Portfolios

In the transfer of a company or product line, open inspections, recalls, safety complaints, technical files, declarations of conformity, licenses and records, software support obligations and insurance history are examined. The sampling scope is determined according to the product’s risk and the size of the transaction; no general conformity conclusion is drawn for products that have not been examined. Deficiencies are tied to remediation before the transaction, a closing condition, representations and warranties, specific indemnification, price or security arrangements. If the manufacturer role, the trademark, the document holder or access to the technical file changes, post-transfer liability and continuity of records are planned separately. A legal due diligence does not replace a technical test or the decision of the market surveillance authority.

Legal Review of Product Safety, Performance and Environmental Claims

Safety, performance, health and environmental statements on packaging, in catalogs, digital listings and campaigns are compared with technical evidence. The scope and basis of statements such as “risk-free”, “completely safe”, “eco-friendly” or statements giving the impression of public approval, and the meaning they create for the user, are examined. Care is taken that the tested model, the condition of use and the date of verification relate to the same product as the marketing claim. Corrective texts are prepared for absolute statements that could mislead the consumer, incomplete warnings and the incorrect presentation of a certificate or the CE marking. Private-sector advertising rules, commercial communication, unfair competition and product safety obligations are assessed together. A legal review does not mean approval of a technical performance that has not been measured.

Basis: Law No. 7223 · Law No. 6502 · Turkish Code of Obligations

The EU General Product Safety Regulation and Cross-Border Market Access

Regulation (EU) 2023/988 on General Product Safety, applicable since December 13, 2024, is assessed in terms of online and physical sales, product risk analysis, technical records, traceability, the responsible economic operator in the EU, accident notification, the Safety Business Gateway, online marketplaces and direct recall notification to consumers. The role of a Turkish company as manufacturer, exporter, brand owner or supplier in the EU, and the division of duties with the importer in the EU, are determined. The regulation in Türkiye and the EU rule are not regarded as the same. The product list, language, responsible person, access to the technical file and the recall solution are adapted by target country and sales channel.

The GPSR has been applicable since December 13, 2024. As regards consumer products, the scope, the exceptions and the relationship with sector-specific EU legislation are determined separately; it is not presented as a single and complete regime for food, medicines or all industrial products. The Safety Gate public alert system and the Safety Business Gateway, the notification channel for businesses, are distinguished from each other.

The New EU Product Liability Regime, Software and Artificial Intelligence

The new Product Liability Directive (EU) 2024/2853 is expected to be transposed into national law by the Member States by December 9, 2026 and to apply to products placed on the market after that date. Software, artificial intelligence systems and digital services connected to the product are examined under the new regime in terms of data loss, cybersecurity, updates, substantial modification, disclosure of evidence and facilitations of proof. The roles of the manufacturer, component manufacturer, importer, authorized representative, fulfillment service provider and, in certain cases, online platform are assessed together with the law of the target country. Product portfolios subject to the old and the new regime are recorded separately as of the transition date.

As of October 4, 2026, the general application threshold of the new directive has not yet arrived. The Member States’ obligation to transpose by December 9, 2026 and the application of the new regime to products placed on the market or put into service after that date are checked together with the relevant national legislation. The new EU provisions are not presented as a compensation law that is currently in force and directly applicable in Türkiye.

Connected Products, Cyber Resilience and Upcoming Regulations

For products with internet-connected devices, mobile applications, embedded software, an artificial intelligence function or remote updates, product safety and cybersecurity are addressed together. The general application date of the EU Cyber Resilience Act and the specific notification provisions applicable since September 11, 2026 are placed on separate calendars. The product safety component of the AI Act, the digital product passport for sustainable products, ecodesign and new sector-specific rules are monitored according to the official application dates. The software component inventory, vulnerability management, support period, updates and user notification are tied into the contract and the technical file. A draft or future provision is not presented as a present-day obligation.

As of October 4, 2026, the relevant notification obligations under the Cyber Resilience Act have applied since September 11, 2026; the application date of the main product obligations is December 11, 2027. The product and incident scope and the specific exceptions are checked separately. The Ecodesign for Sustainable Products Regulation creates a framework; it is not assumed that a digital product passport obligation arises for every product on the same date. The specific regulation of the relevant product group and its transition are monitored.

Cross-Border Product Damage, Applicable Law and Jurisdiction

If the countries where the product was produced, purchased, used and where the damage occurred differ, the liable party and the applicable law are determined separately. In an examination before a Turkish court, Article 36 of Law No. 5718 concerning manufactured goods is assessed in terms of the injured person’s option to choose and the condition of the law of the place of acquisition. A choice of law in a contract does not in every case determine a third party’s claim for product-related damage. International jurisdiction, service, preservation of evidence, translation, recognition and enforcement of a foreign judgment, and the links with insurance and recourse are planned according to the file. Where necessary, foreign procedures and representation are coordinated separately with authorized counsel in that country.

Basis: EU GPSR · EU market surveillance · EU product liability · EU cyber resilience · EU ecodesign · MÖHUK · EU transition notice · CRA application calendar