TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
lishes that a product caused harm, and it is revealed that the manufacturer failed in their continuous moni - toring and recall duties, courts are effectively shifting the evidentiary burden. The manufacturer must then conclusively prove they were not negligent and that the defect was entirely unavoidable given the state of scientific knowledge at the time. 3. Recent Policy Changes and Outlook 3.1 Trends in Product Liability and Product Safety Policy Turkey ranks 15th in the world and 5th in Europe in terms of automotive production, and Europe is the biggest market for Turkish automotive manufactur - ers. Recognising this integration, Turkish automo - tive legislation is closely aligned with the EU acquis, ensuring consistency with European standards and regulations. Turkish policymakers typically monitor legislative developments in the EU, evaluate their mar - ket impact in relation to Turkey’s economic needs, and subsequently adapt them into local legislation with minor modifications. The new EU Directive on Liability for Defective Prod - ucts (“the New PLD”) introduces significant changes to the existing product liability landscape formed over the past four decades – ie, standalone software includ - ing artificial intelligence, extended liability for com - ponent manufacturers, and certain procedures eas - ing claimants’ civil rights claims. Member states are required to transpose the New PLD into their national legislation by Q4 2026, with an equal or stricter level of protection.
The European Regulation (EU) 2019/2144, known as the General Safety Regulation (GSR), is a transforma - tive legislative package that mandates the inclusion of advanced driver assistance systems (ADAS) and accident-avoidance technologies as standard equip - ment in all new vehicles to enhance road safety and protect vulnerable road users. Given that Turkey trans - poses EU technical automotive legislation to maintain its Customs Union integration, the GSR serves as the primary interpretive benchmark for Turkish authorities when assessing whether a vehicle meets contempo - rary safety and type-approval standards. Therefore, as in the New PLD, it is anticipated that a replication or slightly modified version of the GSR will be introduced in Turkish legislation following the full implementation of the EU GSR. 3.2 Future Policy in Product Liability and Product Safety In recent years, the EU has introduced cutting-edge regulations concerning artificial intelligence, personal data, mobility, and sustainable and circular economy, either through legislative implementation or in draft form. The EU’s draft product liability directive aims to adapt liability and safety expectations to the technological advancements of recent decades. This adaptation will involve redefining concepts related to products and the burden of proof, resulting in the expansion of manufacturers’ product liability towards strict liability, along with significant procedural changes. It is expected that Turkey will follow the EU approach with a short delay, after observing the implementation and initial impact of the EU legislation.
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