The telecommunications sector is a broad and constantly changing field covering fixed and mobile communication services, internet access, data transmission, electronic communications infrastructure, cloud systems, data centres, digital platforms and next-generation communication technologies. The sector’s legal structure is as complex as its technical structure. Licensing and authorisation procedures, infrastructure investments, consumer relationships, data security, personal data protection, cybersecurity, competition law and commercial contracts are among the core legal elements of telecommunications activities.

The activities of telecommunications companies are not limited to the rules of ordinary commercial law. Electronic communications legislation, the regulations of the Information and Communication Technologies Authority (Bilgi Teknolojileri ve İletişim Kurumu, BTK), personal data protection rules, consumer legislation and cybersecurity regulations should be assessed together.

For this reason, legal advice in the telecommunications sector may require different areas of law to be addressed together, such as IT law, electronic communications law, commercial law, contract law, personal data protection, competition law, consumer law and international law.

Electronic Communications Legislation and Contracts

Electronic Communications and Telecommunications Legislation

For businesses operating in telecommunications, regulatory compliance is one of the sector’s core legal issues. The provision of electronic communications services, the establishment and operation of electronic communications infrastructure and the obligations of service providers are subject to specific regulations.

Depending on the business’s operating model, different obligations may arise relating to authorisation, notification, use of infrastructure, numbering, subscription processes, quality of service and consumer protection.

In this context, the following topics are particularly important in the legal assessment of telecommunications activities:

Compliance with electronic communications legislation
Review of BTK regulations
Authorisation and notification procedures
Use of electronic communications infrastructure
Subscription relationships
Terms of service provision
Tariff and pricing regulations
Assessment of sector-specific obligations

Telecommunications Contracts

The telecommunications sector requires many companies and service providers to work together. Different types of contracts may be concluded between operators, internet service providers, infrastructure providers, data centre operators, software companies, hardware suppliers and corporate customers.

In these contracts, the parties’ legal responsibilities need to be clearly defined, as well as the technical scope of the service.

The main contracts that may be drafted in the telecommunications sector include:

Electronic communications service agreements
Infrastructure use and sharing agreements
Internet service provision agreements
Data centre and hosting agreements
Cloud service agreements
Software and licence agreements
Hardware supply agreements
Maintenance and technical support agreements
Service level agreements (SLA)
Subcontractor agreements

In these contracts, provisions on service levels, outage periods, technical performance criteria, data security, limitations of liability, confidentiality, contractual penalties (cezai şart), force majeure, intellectual property rights and termination should be drafted with particular care.

Internet Service Providers and Digital Services

Internet service providers are among the key players in the telecommunications sector. For businesses providing internet access to individual or corporate customers, service agreements, subscription relationships, data security and regulatory compliance are important legal issues.

In internet services, connection quality, service outages, commitment periods, cancellation of subscriptions, pricing and consumer claims can lead to various disputes.

In corporate internet and data services, issues such as service continuity, SLA provisions, security standards, data loss, system outages and business continuity may become even more important.

Data Protection, Cybersecurity and Cloud

Personal Data Protection in the Telecommunications Sector

Telecommunications businesses may process very large amounts of personal data in the course of their activities. Subscriber identity information, communication records, traffic data, location information, device information and customer transaction histories are some examples.

For this reason, it is important in the telecommunications sector to design data processing activities lawfully under the Law on the Protection of Personal Data No. 6698 (KVKK).

In personal data processes, the following in particular should be assessed from a legal perspective:

Processing of subscriber data
Traffic and communication data
Use of location data
Obligations to inform
Explicit consent processes
Data retention periods
Transfer of data abroad
Contracts with service providers acting as data processors
Data breach procedures

Because of the nature of telecommunications data, the protection of personal data and the principle of confidentiality of communications may need to be addressed together.

Cybersecurity and Telecommunications Infrastructure

Telecommunications infrastructure is critical to economic and social life. Security vulnerabilities in mobile communications, internet infrastructure, data centres and electronic communication systems can affect a large number of users.

For this reason, cybersecurity in the telecommunications sector is not only a technical issue. Information security procedures, data breach management, supplier security, employee access and system security obligations should also be assessed from a legal perspective.

In particular, when a cyber attack or data breach occurs, the notifications that must be made to the relevant authorities, personal data obligations, contractual liabilities and possible compensation claims may need to be addressed together with the technical side of the incident.

Cloud Services and Data Centres

Cloud computing and data centre services are one of the important areas where the telecommunications sector intersects with information technology.

When companies run their information systems in third-party data centres or on cloud infrastructure, various legal issues arise, such as data security, service continuity, data ownership and data transfers.

In cloud and data centre agreements, it is particularly important to clearly regulate matters such as:

The country in which the data is stored
Transfer of data abroad
Service outages
Backup obligations
Information security standards
Liability for data loss
Return or deletion of data when the agreement ends

Consumers, Competition and Infrastructure Investment

Consumer Law in the Telecommunications Sector

Since mobile phone, fixed internet, television and other electronic communications services are offered to a wide consumer base, consumer law has an important place in the telecommunications sector.

Transactions such as subscription agreements, services with a minimum commitment period, early termination fees (cayma bedeli), tariff changes, quality of service and termination of subscriptions may become the subject of consumer disputes.

For this reason, it is important that the contracting and information processes for services offered to individual customers are structured in a clear, transparent and legally compliant way.

Competition Law in the Telecommunications Sector

Because it involves high infrastructure investment and a limited number of large operators, the telecommunications sector is one of the sectors of particular importance for competition law.

Access to infrastructure, network sharing, pricing, wholesale services and commercial relationships between operators may require assessment under competition law.

The conduct of dominant undertakings, agreements between competitors or commercial practices that may affect how the market functions may be examined under both sector-specific regulations and general competition law rules.

Infrastructure Investment and Real Property Law

To provide telecommunications services, base stations, fibre-optic lines, antennas, data centres and other physical infrastructure must be built. This infrastructure often gives rise to legal relationships connected with privately or publicly owned real property.

The installation of base stations, rooftop and site leases, rights of way for fibre infrastructure, easements (irtifak) and facility use agreements may be among the matters that need to be assessed under real estate law.

Especially in long-term infrastructure investments, the lease term, the area of use, responsibility for maintenance and repair, damage caused to third parties and the conditions for termination should be clearly regulated.

New Technologies and International Transactions

Artificial Intelligence, IoT and Next-Generation Communication Technologies

Technological developments in the telecommunications sector have gone beyond traditional communication services. The Internet of Things (IoT), AI-based network management, 5G technologies, smart city applications and machine-to-machine communication are giving rise to new legal issues.

In these technologies, the fact that large numbers of devices constantly generate data and communicate with each other may require new assessments in terms of personal data protection, data security, product liability, the use of artificial intelligence systems and contractual liability.

In particular, when AI-assisted customer service, automated decision-making systems and smart network management technologies are used, it is important to take transparency, data processing law and liability mechanisms into account.

Intellectual Property and Technology Contracts in the Telecommunications Sector

A large part of telecommunications systems is based on software, patents, licences and other intellectual property rights. The software, communication technologies, mobile applications and technological infrastructure used by operators and technology companies may be the subject of licence agreements.

In software development, technology supply and licence agreements, it is important to clearly regulate who will own the intellectual property rights, the scope of use, source code, update and maintenance obligations, and liability that may arise from third parties’ intellectual property rights.

International Transactions in the Telecommunications Sector

The telecommunications sector has a global structure. A large share of software, hardware, data centre and technology services may be sourced from international companies.

In technology and service agreements with foreign companies, issues such as the governing law, the dispute resolution method, data transfers, intellectual property rights, payment methods and international sanctions rules may arise.

Where telecommunications companies use cross-border data flows or international infrastructure services, international rules on personal data protection may also become important.

Resolving Disputes in the Telecommunications Sector

Disputes arising from telecommunications activities may require technical and legal issues to be assessed together. Disputes arising from service outages, infrastructure contracts, software and technology projects, commercial receivables, data breaches or subscription relationships may be subject to different resolution methods.

Depending on the nature of the dispute, negotiation, mediation, arbitration or litigation may be used. In technical disputes, it is important to assess the contracts, service level records, system logs, electronic correspondence and other digital evidence correctly.

Legal Advice in the Telecommunications Sector

Because technology changes rapidly, legal matters in the telecommunications sector require a multidisciplinary assessment that goes beyond traditional areas of law. In the provision of electronic communications services, commercial law, IT law, contract law, personal data protection, cybersecurity, consumer law and competition law may form different dimensions of the same legal relationship.

Attorney Ezgi Çalışkan assesses legal matters in the telecommunications sector in connection with electronic communications law, IT and technology law, personal data protection, contract law, commercial law and international law.

The drafting and review of electronic communications and telecommunications contracts, legal matters relating to internet service providers, data centre and cloud services, KVKK compliance, cybersecurity obligations, subscription relationships, technology and software contracts, infrastructure investments and commercial disputes arising from telecommunications activities are among the main matters that can be assessed in this context.