IT and Technology Law

The first step is to notify the person who published the content and, if this does not produce a result, the hosting provider of the content; the law calls this the "notice method" (uyarı yöntemi) (Act on the Regulation of Internet Publications and Combating Crimes Committed through Such Publications (İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun, Law No. 5651) art. 2 (Official text, opens in a new tab)). Article 9, which provided for requesting the blocking of access from the criminal judgeship of peace (sulh ceza hâkimliği) in cases of violation of personality rights, was annulled by a decision of the Anayasa Mahkemesi (Constitutional Court); the annulment took effect on 10 October 2024. Today, in the event of an attack on personality rights, a civil court may be asked to stop the attack and to award compensation (Turkish Civil Code (Türk Medeni Kanunu – TMK, Law No. 4721) art. 25 (Official text, opens in a new tab)). Where the conditions are met, an interim injunction may also be requested during the proceedings (Code of Civil Procedure (Hukuk Muhakemeleri Kanunu – HMK, Law No. 6100) art. 389 (Official text, opens in a new tab)).

Except where committed against a public official in connection with their duties, the investigation of the offence of insult is subject to a complaint (Turkish Criminal Code (Türk Ceza Kanunu – TCK, Law No. 5237) art. 131 (Official text, opens in a new tab)). The period for filing a complaint is six months from the day you learn of the act and the identity of the perpetrator. For the offence of insult, this period may in no case exceed two years from the date on which the act was committed (TCK art. 73 (Official text, opens in a new tab)). Keeping the link to the post, a screenshot and its date is important for evidence.

A person who considers that their privacy has been violated may apply directly to the Siber Güvenlik Başkanlığı (Cyber Security Directorate) and request that access to the content be blocked (Act on the Regulation of Internet Publications and Combating Crimes Committed through Such Publications (İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun, Law No. 5651) art. 9/A (Official text, opens in a new tab)). The application contains the full address of the content (URL), an explanation of the violation and information proving the applicant's identity; incomplete applications are not processed. The person making the request submits it to the criminal judge of peace (sulh ceza hâkimi) for a decision within 24 hours. If the judge does not decide within 48 hours, the access block is lifted automatically.

Unlawfully accessing an information system, or continuing to remain in it, is a criminal offence (Turkish Criminal Code (Türk Ceza Kanunu – TCK, Law No. 5237) art. 243 (Official text, opens in a new tab)). Disrupting the operation of the system, or deleting, altering or transferring its data elsewhere, is a separate offence (TCK art. 244 (Official text, opens in a new tab)). Using another person's bank or credit card without their consent is also an offence (TCK art. 245 (Official text, opens in a new tab)). In such cases, a criminal complaint may be filed with the Chief Public Prosecutor's Office (Cumhuriyet başsavcılığı).

A secure electronic signature has the same legal effect as a handwritten signature (Electronic Signature Act (Elektronik İmza Kanunu, Law No. 5070) art. 5 (Official text, opens in a new tab)). However, transactions that the law makes subject to an official form or a special formality cannot be carried out with a secure electronic signature. Security agreements, other than bank letters of security (teminat mektubu) and suretyship bonds issued by insurance companies established in Türkiye, also fall within this exception. Data created with a secure electronic signature in accordance with the procedure are treated as a deed (senet) in court proceedings (Code of Civil Procedure (Hukuk Muhakemeleri Kanunu – HMK, Law No. 6100) art. 205 (Official text, opens in a new tab)).

Commercial electronic messages may be sent to recipients only with their prior consent (Act on the Regulation of Electronic Commerce (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun, Law No. 6563) art. 6 (Official text, opens in a new tab)). Consent may be obtained in writing or by means of electronic communication; messages may be sent to tradespeople and merchants without prior consent. The recipient may refuse the messages at any time without giving reasons (Act on the Regulation of Electronic Commerce art. 8 (Official text, opens in a new tab)). Once the refusal is received, sending stops within three working days.

Before the contract is concluded, the service provider making the sale presents up-to-date information identifying itself in a way that is easily accessible to the buyer (Act on the Regulation of Electronic Commerce (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun, Law No. 6563) art. 3 (Official text, opens in a new tab)). It also discloses the technical steps to be followed to conclude the contract, whether the contract text will be stored, how data entry errors can be corrected, and its privacy rules. Before payment details are entered, the contract terms, including the total price, are clearly displayed, and the order is confirmed without delay (Act on the Regulation of Electronic Commerce art. 4 (Official text, opens in a new tab)). For sales to consumers, the information rules of consumer legislation also apply.

Under the law, computer programs are classed as works of science and literature and are protected as works (Act on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu – FSEK, Law No. 5846) art. 2 (Official text, opens in a new tab)). The ideas and principles underlying a program, however, are not considered works. Rights in works created by employees in the course of their duties are exercised by the employer, unless the contract or the nature of the work indicates otherwise (FSEK art. 18 (Official text, opens in a new tab)). A computer program as such is not regarded as a patentable invention (Industrial Property Act (Sınai Mülkiyet Kanunu – SMK, Law No. 6769) art. 82 (Official text, opens in a new tab)).

The author may transfer their economic rights, limited or unlimited in terms of duration, territory and content, or may grant only a right of use (licence) (Act on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu – FSEK, Law No. 5846) art. 48 (Official text, opens in a new tab)). Contracts concerning economic rights must be in writing, and the rights that are their subject must be specified individually (FSEK art. 52 (Official text, opens in a new tab)). For this reason, it is important to list rights such as reproduction, distribution and adaptation one by one in the contract. Matters such as delivery of the source code may also be regulated separately in the contract.