Information Technology Law
In today's world order, technology has become an integral part of life. We offer solution-oriented results in all matters related to cyber security with our team of highly qualified experts.
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Comprehensive Legal Solutions in the Field of IT Law and Cyber Security Law
Information Technology Law is an interdisciplinary branch of law that examines issues such as the use of information technology (IT), the legal regulation of the internet, electronic commerce (e-commerce), cyber security, the protection of personal data, and the protection of intellectual property rights in the digital environment, in line with the requirements of the digitalising world. The adaptation of traditional legal norms to the digital environment and the resolution of unique legal issues arising in this environment necessitate specialised legal consultancy services in this field.
Our office complies with national and international legislation (particularly the Personal Data Protection Law No. 6698, the Intellectual and Artistic Works Law No. 5846, the provisions on electronic environments in the Turkish Commercial Code No. 6102, and the Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through These Publications) to provide strategic consultancy and litigation services for all legal needs of individuals and legal entities within the scope of IT Law.
Data Protection Law (Compliance with KVKK and GDPR)
The Personal Data Protection Law No. 6698 (KVKK) and the European General Data Protection Regulation (GDPR) impose comprehensive obligations on data controllers and data processors. Compliance with this legislation not only protects against administrative fines but also safeguards corporate reputation.
KVKK Compliance Processes and Consultancy
- Legal Compliance Analysis (GAP Analysis): Determining the compliance of client companies' current data processing activities with the provisions of the Personal Data Protection Law, identifying deficiencies, and providing detailed reporting.
- Creation of Data Inventory and VERBİS Registration: Preparation of the data inventory for which data controllers are responsible and legal monitoring of the Data Controllers Registry (VERBİS) registration.
- Preparation of Legal Documents: Designing and updating information notices, declarations of explicit consent, privacy policies, data destruction policies and data processing agreements in accordance with the legislation.
- Data Breach Management: Management of processes and legal representation for notification to the Personal Data Protection Board (KVKK) and relevant data subjects within the legal timeframe in the event of a potential data breach.
Cybercrime and Cyber Security Law
The Turkish Penal Code No. 5237 (TCK) dedicates a special section to crimes committed through information systems (Cybercrimes). These crimes require expertise in terms of both judicial processes and cybersecurity measures.
- Prosecution of Offences under the Turkish Penal Code:
- Accessing a Computer System (Turkish Penal Code Article 243).
- Obstructing, Disrupting, Destroying or Altering Data (Turkish Penal Code Article 244).
- Misuse of Bank or Credit Cards (Turkish Penal Code Article 245).
- Digital Evidence Collection and Analysis: Support in the collection, preservation and presentation of digital evidence in accordance with legal procedures during the prosecution investigations and criminal proceedings stages of cybercrime cases.
- Legal Action Plan Following a Cyber Attack: In cases such as ransomware attacks, denial-of-service (DDoS) attacks and corporate data theft, the formulation of a legal strategy for compensation for damages and criminal prosecution of perpetrators.
Protection of Intellectual Property in the Digital Environment
With digitalisation, the protection of intellectual and industrial property rights such as software, databases and digital content has become more complex.
- Software Law: Legal consultancy regarding software licence agreements (EULA), software development agreements and the protection of source codes under intellectual property legislation (FSEK).
- Copyright Infringements: Detection of copyright infringements occurring on the internet and submission of applications for content removal/access blocking under Law No. 5651.
- Domain Name Disputes: Representation in legal proceedings before Dispute Resolution Mechanisms (DRM) and general courts against domain names that constitute trademark infringement.
Internet and E-Commerce Law
With the rapid growth of e-commerce, compliance requirements have emerged under Law No. 6563 on the Regulation of Electronic Commerce and related consumer legislation.
- Law of Electronic Commerce Platforms: Preparation of legal disclaimers, terms of use and distance selling agreements for e-commerce websites, mobile applications and digital service providers.
- Content Removal and Access Blocking: In cases of attacks on personal rights and commercial reputation on the internet, decisions to remove content and block access should be taken swiftly and effectively by magistrates' courts..
- Liability for Illegal Content: Consultancy on the legal liabilities of hosting providers, content providers and access providers arising from Law No. 5651.
IT Law has a dynamic structure that evolves in parallel with constantly changing technologies. This dynamism requires not only knowledge of current legislation but also an understanding of the direction in which technology is developing. Our office is committed to minimising our clients' legal risks and securing their technological investments by proactively developing solutions to the legal challenges arising from digital transformation processes.
To establish a legally sound foundation for your digital assets, trade secrets and personal data, please contact our team of experts.
