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Draft Law Introducing a Permit Requirement and a Commission Cap for Foreign Digital Accommodation Platforms Submitted to the Grand National Assembly of Türkiye

The Draft Law on Foreign Digital Accommodation Platforms (the “Draft Law”) was submitted to the Presidency of the Grand National Assembly of Türkiye on 10 August 2026.

The Draft Law regulates the operating conditions, obligations and administrative sanctions applicable to digital accommodation platforms established outside Türkiye and operating in Türkiye through electronic commerce environments.

The Draft Law envisages the introduction of the following key requirements:

  • Foreign digital accommodation platforms, such as Airbnb and Booking.com, will be required to obtain a permit certificate from the Ministry of Culture and Tourism (the “Ministry”) in order to operate in Türkiye. Platforms holding a permit certificate will not be required to obtain any other operating or business permit in respect of activities falling within the scope of the Draft Law.
  • The permit certificate fee will be set at TRY 5 million and will be increased annually at the applicable revaluation rate, effective as of the beginning of each calendar year. The President will be authorized to increase this amount by up to twofold or reduce it by up to one-half. The permit certificate will be valid for two years and will not be transferable.
  • In order to obtain a permit certificate, platforms will be required to be registered as taxpayers for Digital Services Tax, have no outstanding tax liabilities, designate an address in Türkiye for service of process purposes together with a responsible Turkish citizen or legal entity, notify their National Electronic Notification System (UETS) address, and pay the applicable permit certificate fee.
  • Platforms will be required to designate at least one authorized person in Türkiye as their representative for the purpose of fulfilling notifications and requests issued by judicial or administrative authorities, to display the representative’s contact details on their electronic commerce environment in a manner that is easily visible and directly accessible, and to notify the Ministry thereof. Where the representative is a legal entity, it must be established in the form of a capital company, and at least one of the persons authorized to represent it must be a real person. Where the representative is a real person, such person must be a Turkish citizen residing in Türkiye.
  • Platforms will be permitted to directly conduct the electronic commerce of accommodation establishments holding tourism certificates and residences rented for tourism purposes under the relevant permits, as well as the sale of airline tickets. Travel agency services may be offered through travel agencies holding the relevant operating certificates, while car rental services may be provided through businesses authorized by the Ministry of Trade. Direct sales will not be deemed to constitute package tours.
  • Turkish law will apply exclusively, and Turkish courts will have exclusive jurisdiction, in disputes arising from activities falling within the scope of the permit certificate. Such platforms will not be deemed to constitute electronic commerce intermediary service providers or service providers within the meaning of the Law on the Regulation of Electronic Commerce.
  • Platforms will not be permitted to engage in activities outside the scope of their permit certificate or to sell or market other products. Any changes to the information and documents submitted as the basis for the permit certificate will have to be notified to the Ministry within 15 days, and any information and documents requested by the Ministry will have to be submitted within 15 days.
  • The verification and display of permit certificate numbers will be mandatory in the electronic commerce and promotion of accommodation establishments and residences rented for tourism purposes. No fee may be charged to a service provider where the relevant service has not been provided or where the type and price of the service have not been specified in the intermediary agreement.
  • Where the intermediary agreement does not provide for an objective criterion, a service provider may not be downgraded in a ranking or recommendation system, nor may its service be restricted, suspended or terminated, on the grounds that the service provider has applied to public authorities or judicial bodies.
  • Service providers may not be restricted from offering services through alternative channels at the same or a different price, or from advertising such services. They may not be compelled to offer services at promotional prices, including through unilateral changes to the sales price, and the intermediary agreement may not contain provisions enabling such practices.
  • The amount that platforms may charge under any name whatsoever in respect of the sales price of the relevant service may not exceed 17% of the amount excluding value added tax (VAT).
  • Platforms will be included among the entities subject to obligations towards the Türkiye Tourism Promotion and Development Agency (TGA), and the Digital Services Tax base will be taken into account when calculating the tourism contribution payable by such platforms.
  • Administrative fines will be imposed in the event of non-compliance with the relevant obligations. Accordingly:
    • an administrative fine of TRY 200,000 will be imposed for providing services through unauthorized businesses and for violations of notification and information-provision obligations;
    • an administrative fine of TRY 500,000 will be imposed for violations concerning ranking and recommendation systems, restrictions on commercial relationships, and the mandatory use of hardware, software and programs specified by the Ministry;
    • an administrative fine ranging from TRY 50,000 to TRY 100,000 per agreement will be imposed where the committed service is provided incompletely or not provided at all; and
    • an administrative fine equal to ten times the amount unlawfully collected will be imposed in the event of a violation of the prohibition on charging fees or the 17% cap.
  • If the same violation is identified for a second time within the same calendar year, the applicable administrative fine will be increased by 50%. If the violation is identified for a third time, the permit certificate will be revoked. The permit certificate will also be revoked where the platform engages in activities contrary to the interests of Türkiye, undermining public confidence or damaging Türkiye’s tourism sector. Platforms whose permit certificates have been revoked will not be eligible to apply for a new permit certificate for six months.
  • In respect of platforms determined to be operating in Türkiye without a permit certificate, whose permit certificate has been revoked, or whose permit certificate has expired, the Ministry will be authorized to issue a decision to block access to the relevant platform. Such decision will be submitted to the criminal judgeship of peace for approval within 24 hours, and the judge will render a decision within 48 hours. Otherwise, the decision will automatically lapse. An objection may be filed against the decision in accordance with the provisions of the Code of Criminal Procedure.
  • Platforms operating in Türkiye as of the date on which the Draft Law enters into force will be required to apply to the Ministry for a permit certificate within three months from that date. The administrative sanctions applicable to entities operating without a permit certificate will apply to platforms that fail to comply with this obligation or whose applications are rejected.

You can access the full text of the Darft Law here.

Best regards,

Zümbül Attorneys Law

info@zumbul.av.tr

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