New Obligations Imposed on Gaming Companies under Law No. 5651

New Definitions Introduced to Law No. 5651

With the new definitions introduced to Law No. 5651, the conceptual framework applicable to actors operating in the digital gaming sector has become clearer.  The amendments are intended to prevent differences in interpretation that may arise in practice.

Accordingly, under Law No. 5651, a “game” refers to digital games distributed or updated via the internet and capable of being played online or offline in an electronic environment. A “game developer” is defined as a natural or legal person that designs digital games or game content, develops their software, or manages the development process. A “game distributor”, on the other hand, refers to a natural or legal person that manages relationships with sales channels for the purpose of delivering digital games produced or published by content providers to end users, coordinates the production and management of license keys, uses digital rights management systems, and provides financial or technical intermediary services throughout this process. In addition, a “game platform” is defined as a natural or legal person that provides software or technical infrastructure for the display, sale, distribution, download, or play of digital games and related additional content over the internet and enables or coordinates users’ access to games or content, license management, or user interaction.

With these amendments, the boundaries of obligations applicable to platforms and content providers have become more clearly defined. Furthermore, the broad definition of the concept of a game platform makes it possible for various digital structures that provide users with access to games to be considered within the scope of the regulation.

New Obligations Introduced through the Additional Provisions to Law No. 5651

Content Control and Parental Consent

Pursuant to the additional provision introduced to Law No. 5651, game platforms are required to provide parental control tools[3]. Such tools must be clear, comprehensible, and user-friendly.

These tools include mechanisms for monitoring accounts and requiring parental consent for financial transactions, such as purchases, rentals, and paid subscriptions.

Through the introduction of provisions regarding parental control tools under Law No. 5651, the aim is to strengthen parents’ ability to supervise their children’s activities in digital environments.

Age Restrictions 

The additional provisions introduced to Law No. 5651 aim to prevent users from accessing games on game platforms that have not been classified in accordance with applicable age criteria. In this context, games without an age classification may only be made available on platforms based on the highest age category.

In addition, game platforms are responsible for removing content that has not been classified in accordance with applicable procedures.

The details regarding age classification are expected to be clarified through a regulation to be issued by the Information and Communication Technologies Authority (“ICTA”).

Requirement to Appoint a Representative in Türkiye

One of the additional provisions introduced to Law No. 5651 concerns foreign-based game platforms that exceed a certain access threshold in Türkiye.

Accordingly, foreign game platforms receiving more than 100,000 daily accesses from Türkiye are required to appoint a natural or legal person representative in Türkiye for the purpose of receiving and responding to notifications, requests, and communications from the ICTA, the Access Providers Union, and judicial or administrative authorities, and to facilitate the fulfillment of obligations under Law No. 5651.

Information regarding such representative must be notified to the ICTA, and the representative’s contact details must be published on the game platform’s website in a manner that is easily visible and directly accessible.

Sanctions  

In the event of non-compliance with the obligations described above or with the provisions set out in the regulation to be issued by the ICTA, the ICTA will notify the relevant game platform. If the relevant obligation is not fulfilled within 30 days following such notification, an administrative fine ranging from TRY 1,000,000 to TRY 10,000,000 may be imposed on the game platform.

If the violation continues, additional administrative fines of up to TRY 30,000,000, as well as graduated bandwidth restriction measures[4] of up to 30% and 50%, may be imposed. However, if the relevant obligations are subsequently fulfilled, only 25% of the administrative fines will be collected, and the bandwidth restriction measures will be lifted.

In determining the amount of the administrative fine, factors such as the nature and severity of the violation, its impact on users, and the damage caused are taken into consideration.

Conclusion 

The amendments introduced to Law No. 5651 have clarified the legal framework applicable to actors operating within the digital gaming ecosystem and introduced new obligations, particularly for game platforms. At the core of these amendments lies the objective of reducing the risks children may encounter in digital environments, strengthening parental supervision mechanisms, and creating a safer digital gaming environment. In this regard, obligations such as age classification, the provision of parental control tools, and, under certain conditions, the appointment of a representative in Türkiye are intended to make the activities of game platforms more subject to oversight.

Nevertheless, the practical implementation of these obligations and the principles governing how they will operate in practice are expected to be clarified through secondary legislation to be issued by ICTA. Therefore, it is important for companies operating in the gaming sector to take these new regulations into account, plan their compliance processes accordingly, and complete the necessary preparations by 01.11.2026.