Services

IT Lawyer

bilisim hukuku

As an IT lawyer in Mersin, I support people whose accounts have been taken over, who have been defrauded online, who have been insulted or threatened on social media or about whom unlawful content has been published, as well as businesses facing legal risks because of their digital activities. Time is decisive in IT disputes: the first steps must be taken correctly so that evidence is not lost, complaint and application deadlines are not missed and content is stopped before it spreads.

IT law (bilişim hukuku) covers the legal relationships and disputes arising from the internet, software, electronic commerce, personal data and digital platforms. In cases in this area, in addition to the traditional rules of law, technical processes such as log records, IP information, payment transactions and how platforms operate must also be read correctly.

What Does an IT Lawyer in Mersin Help With?

IT law is not limited to offences against computer systems. The main issues that individuals and companies face in the digital environment are:

Cybercrime: Account Takeover, Fraud and Unauthorised Access

The most common cybercrimes are the takeover of a social media, email or banking account, being defrauded in online purchases, unauthorised use of a card, and the obtaining and sharing of personal data. In the Turkish Criminal Code (TCK), these acts are regulated under different offences:

  • Unauthorised access to an information system (TCK Art. 243)
  • Blocking or disrupting a system, or deleting or altering data (TCK Art. 244)
  • Misuse of bank or credit cards (TCK Art. 245)
  • Aggravated fraud committed by using information systems as a tool (TCK Art. 158)
  • Unlawfully giving or obtaining personal data (TCK Art. 136)

If you encounter such an incident, the first things to do are to notify the bank or platform concerned immediately, change your passwords, keep correspondence and transaction records without deleting them, and file a criminal complaint (suç duyurusu) with the Chief Public Prosecutor’s Office (Cumhuriyet Başsavcılığı). Offences such as aggravated fraud are investigated ex officio; however, it is very important to apply without delay and with complete information so that the money can be traced and information on the accounts can be requested. For more information, see the cybercrime page.

Insults and Threats on Social Media and Removal of Online Content

Insults, threats, defamation, unauthorised photographs or content relating to private life published on social media or websites have consequences under both criminal law and the law on personal rights (kişilik hakları). The routes available in these situations differ from one another and are often pursued together:

  • Removal of content and blocking of access: For content that violates personal rights, an application can be made to the content or hosting provider under Article 9 of Law No. 5651 on the Regulation of Publications on the Internet, or directly to the criminal judgeship of peace (sulh ceza hâkimliği). The judge decides on these requests, as a rule, within 24 hours. For content that violates the privacy of private life, there is also the application route under Article 9/A of the Law.
  • Criminal complaint: For offences that are prosecuted only upon complaint (şikâyete bağlı suç), such as insult, the complaint period is six months from the date on which the act and the perpetrator became known. Missing this period extinguishes the right to complain.
  • Compensation: Compensation for financial and non-financial damage can be claimed for violation of personal rights.

Similar routes are considered where a fake account is opened or content is shared in your name. Given how quickly content spreads, it is important to prepare the application without delay. Details on this subject are available on the social media disputes and removal of online content pages.

Digital Evidence: Is a Screenshot Enough?

In IT disputes, most of the evidence is in digital form: messaging records, emails, social media posts, bank transactions, IP and log records. A screenshot on its own may be considered prima facie evidence (delil başlangıcı); however, it may be insufficient if the content is deleted or its authenticity is disputed.

For this reason, the content should be saved together with its link address and date and time information, its existence should be formally recorded by a notary (noter tespiti) where necessary, and the original records on devices should not be deleted. It is also important that evidence is obtained lawfully; records obtained by unlawful means may be unusable in the case. For details, see the digital evidence page.

IT Law for Businesses

For businesses that offer digital products or services, sell online or process customer data, IT law often needs to come into play before a dispute arises.

  • Software and SaaS agreements: The project scope, acceptance criteria, ownership of the source code and intellectual property rights, service levels and limits of liability should be set out clearly.
  • E-commerce: Distance selling processes, user agreements, pre-contractual information and right of withdrawal processes should be set up in compliance with the legislation.
  • Electronic contracts and digital consent: How user consent is obtained and how records are kept are decisive in being able to prove, in a dispute, which text the user accepted and on which date.
  • Content liability on platforms: On sites where users create content, the responsibilities of the content provider and the hosting provider, and the notification processes for unlawful content, should be determined in advance.
  • Employees’ use of technology: Policies on the use of corporate devices, email, cloud storage and artificial intelligence tools are important for both data security and employment law.
  • Personal data: Privacy notices, explicit consent, VERBİS (the Data Controllers’ Registry) and data breach processes are dealt with separately under KVKK and data protection.

For comprehensive legal structuring for technology companies, you can also see the IT and technology sector page.

First Steps after a Cyberattack or Data Leak

When a business faces a cyberattack, ransomware or a data leak, this is not just a technical problem; it can give rise to data breach notification obligations, contractual liability, administrative sanctions and the risk of compensation claims. Decisions taken in the first hours are therefore important from both a technical and a legal perspective:

  • Determining the scope of the incident and the data affected
  • Preserving log records and digital evidence
  • If there is a personal data breach, assessing the notifications to be made to the Personal Data Protection Board (Kişisel Verileri Koruma Kurulu) and to the data subjects
  • Reviewing the contractual security obligations of service providers
  • Assessing the options of a criminal complaint and compensation

An incident response plan prepared in advance allows a more controlled response in a crisis. For notification processes, see the data breach management page.

How Does the Process Work in IT Disputes in Mersin?

Complaints and criminal complaints concerning cybercrime can be filed with the Mersin Chief Public Prosecutor’s Office or, depending on where the incident took place, with the district chief public prosecutor’s offices in places such as Tarsus, Erdemli, Silifke, Anamur and Mut. In online fraud, the perpetrator is often in another province or abroad; in this case, the investigation may be transferred to the competent chief public prosecutor’s office, but filing the application where you are is sufficient to start the process.

Requests for the removal of content and blocking of access are made to the criminal judgeships of peace. Compensation cases, on the other hand, can be filed according to the general rules of jurisdiction, in most cases at the court of the claimant’s place of residence. For claims for receivables and compensation arising from software, e-commerce and service agreements where both parties are merchants, it is mandatory to apply to a mediator (arabulucu) before filing a case.

For clients living outside Mersin, meetings can be held online; documents can be sent electronically and the case is followed through the National Judiciary Informatics System (UYAP).

What Should Be Done in the First 24–48 Hours?

  • Do not delete messages, emails, posts or transaction records; note down the link addresses and dates.
  • For accounts that have been taken over, start the platform’s account recovery process and change the passwords of your other accounts.
  • If a card or bank account is involved, call the bank immediately and dispute the transactions.
  • Do not get into arguments with the other party and do not reply to messages containing threats.
  • Bear in mind the six-month period for offences prosecuted upon complaint, and how quickly content spreads for access-blocking requests.

What Should You Consider When Choosing an IT Lawyer?

In IT cases, an understanding of technical processes is needed in addition to legal knowledge. Whether the lawyer knows how to request log, IP and payment records, how platforms’ application processes work and how to preserve digital evidence lawfully directly affects the course of the case. Discussing the course of action, the likely timeframes and cost items openly at the first meeting, and not guaranteeing the outcome, are requirements of professional ethics.

Frequently Asked Questions

Where is a cybercrime complaint filed in Mersin?

Complaints and criminal complaints can be filed with the Mersin Chief Public Prosecutor’s Office or the chief public prosecutor’s office in your district, in writing or by giving a statement. Screenshots, link addresses, bank receipts and correspondence should be attached to the application.

Can I get my money back after online fraud?

This depends on how quickly the account to which the money was sent can be reached, whether a freeze can be applied to the account and whether the perpetrator can be identified. Applying to the bank and the prosecutor’s office without delay is the most important factor that increases the chance of recovery. In addition to the criminal proceedings, a compensation claim is also considered separately.

What is the complaint period for a post containing insults?

As a rule, insult is an offence prosecuted only upon complaint (except in cases such as insulting a public official because of their duties), and the complaint period is six months from the date on which the act and the perpetrator became known.

How long does it take to have online content removed?

Applications to the criminal judgeship of peace concerning content that violates personal rights are, as a rule, decided within 24 hours. The time it takes for the platform to implement the decision may vary depending on where the content was published.

Is a screenshot accepted as evidence in court?

A screenshot may be considered prima facie evidence; however, if its authenticity is challenged, it may be insufficient on its own. The link address, date information, a notarial record and the original records strengthen the evidence.

I live outside Mersin. Can I get support?

Yes. Meetings can be held online and documents can be sent electronically. Hearings and other steps are planned according to where the case is heard.

How is the attorney’s fee determined?

The fee is determined according to the nature of the work, the scope of the case and the work to be carried out, and it cannot be lower than the Minimum Attorney’s Fee Tariff of the Union of Turkish Bar Associations (Türkiye Barolar Birliği Avukatlık Asgari Ücret Tarifesi). Court costs such as court fees and court-appointed expert fees are assessed separately.

Get an Assessment of Your IT Dispute

Based in Mersin, I work on matters arising from cybercrime, violations of rights on social media, online content, technology contracts and digital commercial activities. To assess which legal routes are available for what you have experienced and what needs to be done so that deadlines are not missed, you can reach me through the contact page.

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