The IT sector is a broad economic and legal field shaped by software, data, digital platforms, cloud systems, artificial intelligence, cybersecurity, electronic commerce, mobile applications, online services and digital communication infrastructure. For this reason, IT law (bilişim hukuku) is not limited to cybercrime or criminal investigations. Today, how companies set up their digital systems, what data they process, how they structure their software and technology contracts, on what terms they deal with users and how they manage cyber risks are also at the heart of IT law.

A wide range of matters can fall within this same area of law, from the intellectual property rights in a product developed by a software company to the user data of an e-commerce platform, and from the decision-making mechanism of an artificial intelligence application to the legal consequences of a data breach.

For this reason, legal work in the IT field should be handled together with IT and technology law, personal data protection, cybersecurity law, contract law, intellectual property law, electronic commerce, consumer law, commercial law, criminal law and international law.

This page describes the legal work carried out for software companies, SaaS and technology start-ups, e-commerce businesses, digital platforms and companies whose business processes rely on technology. For individual disputes involving account takeover, online fraud or social media, please see the IT lawyer in Mersin page.

Structuring Technology Companies and Software Agreements

Legal Structuring of Digital Business Models

The legal framework for digital products and services should usually be put in place during development, not after the product has been launched. For a business offering a mobile application, a SaaS service, a digital platform, an online marketplace or a data-driven service, the contractual framework of its relationships with users, suppliers and technology providers should be established from the outset.

In this context, documents such as the following need to be prepared to fit the business model:

Terms of use
Membership agreements
Subscription agreements
SaaS and cloud service agreements
API terms of use
Digital platform agreements
Licence agreements
Technology supply agreements

Software Development and Licence Agreements

In software projects, one of the most important legal questions is who will own the rights in the software developed. The source code, user interface, database structure, documentation and other technical components of the software should be assessed from an intellectual property perspective.

Software development agreements should set out the following in detail:

The scope of the project
Technical requirements
Testing and acceptance criteria
Delivery dates
Maintenance and update obligations
Access to the source code
The scope of the licence
Assignment of intellectual property rights
Use of third-party software

In particular, in projects that use open-source code or third-party licences, the effect of those licences on the commercial product should be examined separately.

Data Protection, KVKK and Cybersecurity

Data Security and Corporate Information Management

One of the most important areas of IT law is data security. Companies need to manage securely not only personal data, but also trade secrets, customer records, financial information, technical data and internal operational information.

From a legal point of view, data security is not limited to technical measures. Who may access the data, how access rights will be restricted, how long the data will be retained and which security obligations third-party service providers will be subject to should also be set out in the contracts.

Within corporate data security, the following form important parts of legal risk management:

Defining access rights
Confidentiality agreements
Employee data access policies
Information security procedures
Backup policies
Data retention and destruction processes
The obligations of third-party service providers

KVKK and the Protection of Personal Data

A large proportion of digital services rely on user data. Names, contact details, IP addresses, device information, location, payment data and user behaviour may all qualify as personal data.

For this reason, it is important for IT companies to structure their data processing activities lawfully under the Law on the Protection of Personal Data No. 6698 (KVKK).

In this context, processes such as the following can be addressed from a legal perspective:

Privacy notices (aydınlatma metinleri)
Privacy policies
Explicit consent processes
Cookie policies
Data processing inventory
Data retention and destruction policies
Data processor agreements
Transfer of data abroad
Data breach management

Details of these topics can be found on the KVKK and data protection page.

The Legal Dimension of Cybersecurity and Cyber Incidents

Cyber attacks, data leaks, ransomware, unauthorised access to systems and the takeover of user accounts are not merely technical problems. For companies, these incidents can give rise to the risk of a data breach, contractual liability, administrative sanctions and compensation claims.

When a cyber incident occurs, the following should be assessed together:

Determining the scope of the breach
Identifying the data affected
Notifications to be made to the persons and authorities concerned
The liability of service providers
Security obligations in the contracts
Preserving digital evidence

Cloud Services and Data Centres

Companies running their data and applications on third-party cloud infrastructure is one of the important topics of IT law. When cloud services are used, the country in which the data is stored, who can access it and how liability will be shared in the event of service outages should be set out clearly.

In cloud and data centre agreements, the following issues are particularly important:

Data ownership
Data security
Backup
Service outages
Transfer of data abroad
System access
Return or deletion of data when the contract ends

Artificial Intelligence, Blockchain and IoT

Artificial Intelligence Law and Algorithmic Systems

The spread of artificial intelligence applications has created one of the most innovative areas of work in IT law. Generative AI, automated decision-making systems, recommendation engines, chatbots and algorithmic analysis tools give rise to new legal responsibilities.

In artificial intelligence systems, issues such as the following should be assessed one by one:

The legal source of the training data
Processing of personal data
Copyright issues
Transparency of automated decisions
Liability arising from incorrect results
Algorithmic discrimination
Protection of trade secrets

It is becoming increasingly important for companies to prepare artificial intelligence use policies, to determine which tools employees may use and to restrict the transfer of sensitive data into AI systems. Work in this area is covered separately on the artificial intelligence law page.

Smart Contracts and Blockchain

Blockchain-based systems and smart contracts create new commercial structures that differ from traditional contract models. Although smart contracts consist of code that runs automatically when certain conditions are met, they can have legal consequences.

In this area, the following topics are important:

The relationship between the code and the written contract
How the intention of the parties is to be determined
Liability in the event of an erroneous transaction
The legal nature of digital assets
Governing law and dispute resolution

IoT and Connected Devices

Internet of Things (IoT) technologies have a very wide range of uses, from smart home systems to industrial devices, and from vehicles to health technologies.

Because IoT systems generate data continuously, they can create particular risks in terms of data security and the protection of personal data.

If damage occurs because of a software error or security vulnerability in a connected device, the respective liability of the manufacturer, the software provider and the service provider should be assessed separately.

Digital Commerce, Platforms and Intellectual Property

FinTech and Digital Payment Systems

Financial technology is an important area where IT law intersects with finance law. Digital payment systems, electronic money services, mobile wallets and platform-based payment solutions may be subject to regulation as well as to their technological infrastructure.

In this area, data security, customer verification, contractual liability and the evidential value of digital transactions are important.

E-Commerce and Digital Platform Law

For businesses offering goods or services online, e-commerce legislation is one of the important parts of IT law.

In e-commerce activities, the following should be regulated from a legal perspective:

Distance selling processes
Membership agreements
Terms of use
Commercial electronic messages
Payment systems
Consumer information
Marketplace agreements

Content Liability on Digital Platforms

On platforms where users create content, liability for unlawful content is an important IT law issue.

Where insults, violations of personal rights, copyright infringements or illegal content are shared on platforms, the respective liability of the content provider, the hosting provider and other actors should be assessed separately.

In content removal and access-blocking processes, the legal route to be used is determined by the nature of the specific case.

Domain Names and Digital Brand Rights

A company’s digital identity is not limited to trademark registration. Domain names, social media usernames, application names and digital store accounts can also have commercial value.

If a domain name is registered by someone else in bad faith, or used in a way that can be confused with a trademark, various legal remedies can be considered.

Digital Intellectual Property Rights

Software, databases, digital designs, websites and mobile applications can fall within the scope of protection of intellectual property law.

In this area, the following in particular may be the subject of legal assessment:

Software copyright
Licensing
Transfer of source code
Database rights
Digital designs
Unauthorised use of software

Electronic Contracts, Integrations and Digital Evidence

APIs, Data Sharing and System Integrations

A large proportion of digital services depend on different software systems sharing data with each other. API integrations, payment systems, courier companies, CRM infrastructure and third-party software are all parts of this structure.

In these relationships, the contracts should clearly set out which data may be shared and for what purpose, who will be liable in the event of a system failure and how third-party access will be restricted.

Electronic Contracts and Digital Approval Systems

The validity of contracts concluded online, how user consent is obtained and how transaction records are kept are among the important legal issues.

Clickwrap, electronic signatures, SMS verification and similar digital approval mechanisms need to be structured to suit the type of transaction.

In the event of a dispute, it is important to be able to prove which text the user accepted and on what date.

Digital Evidence and Electronic Records

In IT disputes, most of the evidence is found in digital form. System logs, IP records, email correspondence, messaging records, user activity, digital contracts and server records can play an important role in resolving disputes.

Obtaining digital evidence lawfully and preserving its integrity is of critical importance, especially in criminal and commercial disputes.

Cybercrime, Reputation and Cyber Incident Response

Cybercrime Targeting Companies

Companies can also be the target of cybercrime: unauthorised access to systems, the theft of customer data or data amounting to trade secrets, ransomware attacks, and payment fraud carried out through fake invoices or emails sent in the name of executives are the main examples. Such incidents can sometimes also originate inside the company, through unauthorised or departing employees.

In these cases, the following are important sources of evidence:

Log and IP records
Records of access rights and their history
Email header information and correspondence
Digital payment transactions
Digital forensic examinations

For details of complaints, criminal complaints (suç duyurusu) and evidence preservation processes, please see the cybercrime page.

Corporate Reputation and Online Content

Content published online about a company or its brand that is untrue, disparaging or discloses trade secrets, as well as fake accounts and unauthorised use of the brand name, can cause direct commercial harm.

Depending on the nature of the specific case, removal of the content, access blocking (erişimin engellenmesi), claims based on the unfair competition provisions, compensation or criminal proceedings may come into play. For the available routes of application, please see the removal of online content page.

Employees’ Use of Technology and Corporate Systems

Employees’ use of corporate email, computers, cloud storage, messaging applications and artificial intelligence tools forms an important area where employment law and IT law intersect.

From a data security point of view, it can be important for companies to put in place:

Corporate device use policies
Email and internet use rules
Information security policies
BYOD practices
Artificial intelligence use policies
Employee access rights

Legal Response After a Cyber Incident

When a company faces a data breach or cyber attack, the decisions taken in the first hours are important from both a technical and a legal point of view.

The scope of the incident must be determined, logs must be preserved, it must be established whether the attack is still ongoing, and the legal notification obligations must be assessed.

For this reason, having a legal response plan for cyber incidents prepared in advance can help companies act in a more controlled way in a crisis.

International Data Transfers and Global Technology Services

Many digital businesses use foreign cloud services, analytics systems, advertising platforms or software providers.

In this case, the transfer of data abroad, contracts with foreign companies and the application of the laws of different countries may come into play.

In international technology agreements, the governing law, data security, intellectual property, service levels and dispute resolution methods should be set out clearly.

Scope of Legal Work in the IT Field

In IT law, an effective legal structure is not a mechanism that only comes into play when a cyber attack or cybercrime occurs. Legal risks need to be assessed from the very first stage, when the software is developed, the data is collected, the contract with the user is concluded and digital systems are connected to one another.

As Attorney Ezgi Çalışkan, I handle legal work in the IT field through complementary topics such as software and technology contracts, personal data protection, data security, cybersecurity, artificial intelligence systems, smart contracts, digital platforms, intellectual property, electronic commerce and cybercrime. In an environment where technology constantly changes business models, I believe the legal framework should be shaped not only by the current legislation, but also by the way the technology in use actually works.

IT and Technology