Information technologies profoundly affect every aspect of our lives. The internet, e-commerce, artificial intelligence, cybersecurity, social media platforms, and crypto assets have become integrated into our daily lives. However, they have also brought new legal problems and risks. A wide range of new issues has emerged, from IT crimes and cybersecurity risks to personal data breaches, e-commerce and consumer rights, and the protection of intellectual and industrial property rights.
All legal rules regarding information systems are addressed under the umbrella of IT Law (Bilişim Hukuku). In this respect, IT Law is a hybrid branch of law and, considering the rapid pace of technological development, one of the most dynamic branches of law. Therefore, working on IT Law always requires up-to-date legal knowledge and experience, as well as technical expertise. We can examine the main aspects of IT Law, which is a hybrid branch of law, as follows:
Protection of Personal Data and KVKK Compliance Processes
The Protection of Personal Data is one of the prominent branches of IT Law. In our country, the most important regulation in this area is Law No. 6698 on the Protection of Personal Data (KVKK). This law imposes significant obligations on real persons and legal entities that are data controllers.
These obligations extend from preparing a data inventory, creating illumination texts and explicit consent forms, taking measures regarding data security, and registering with the Data Controllers Registry Information System (VERBİS). If cross-border data transfer is involved, the compliance process for this issue must also be completed. Applications made to the Personal Data Protection Authority and administrative fines imposed by the Authority also constitute a significant part of this field.
As Celil Aktaş Law Firm, we represent our clients and provide legal consultancy in all matters concerning the preparation of illumination texts, explicit consent forms, and data inventories, cross-border data transfer, applications to the Personal Data Protection Authority, objection processes to administrative fines imposed by this authority, and all other issues related to the protection of personal data.
Cybersecurity Law
A new era in the field of cybersecurity in Turkey began with the adoption of Law No. 7545 on Cybersecurity. This law led to the establishment of the Cybersecurity Presidency and the Cybersecurity Board. The Law defines cyberspace as “the environment consisting of all information systems directly or indirectly connected to the internet, electronic communication, or computer networks, and the networks connecting them” and imposes various obligations on real and legal persons operating in this environment, covering both the public and private sectors. Furthermore, this law introduced new crimes and misdemeanors. As Celil Aktaş Law Firm, we provide legal consultancy to our clients in this area, which is also closely related to Criminal Law.
IT Crimes
IT crimes are the area where IT Law and Criminal Law intersect. For this reason, it is also possible to call this area IT Criminal Law (Bilişim Ceza Hukuku). In our criminal law, an information system refers to “digital systems that provide the possibility to subject collected and placed data to automatic processes.” Crimes committed against these systems or the data recorded there are IT crimes in the narrow sense. All other crimes committed through these systems constitute IT crimes in the broad sense. Crimes such as Unauthorized Access to an Information System* (TCK art. 243) and Obstructing, Disrupting, Deleting or Altering Data in the System (TCK art. 244) are examples of IT crimes in the narrow sense, while the commission of the crime of fraud using information systems or threatening a person via social media exemplify IT crimes in the broad sense.
The investigation and prosecution of IT crimes are much more complex compared to the prosecution of traditional crimes. This process may require specialized investigations such as the determination of IP/Port information, device analysis, and the examination of video and audio recordings. However, the nature of digital evidence, which can be easily erased or altered, can complicate these processes. Therefore, in the prosecution of IT crimes, having technical knowledge about how these systems work is necessary, in addition to legal knowledge. Furthermore, the cross-border nature of IT crimes also makes these processes difficult. In this respect, IT crimes are also connected to International Criminal Law.
As Celil Aktaş Law Firm, we provide legal services to our clients by receiving the necessary technical support from our solution partners who are experts in their fields. We represent our clients who face an allegation regarding IT crimes or who are victims of these crimes in judicial processes.
Crypto Assets Law
The spread of cryptocurrencies as a means of payment and investment has triggered new regulations worldwide. In Turkey, these are referred to as “crypto assets” and, with the regulation introduced in the Capital Markets Law, they are defined as “intangible assets that can be created and stored electronically using distributed ledger technology or a similar technology, distributed over digital networks, and that can express value or rights.”
The provisions and crimes related to crypto assets are regulated in the Capital Markets Law. Today, regulations regarding crypto assets in Turkey are evolving through the provisions of this law and the communiqués of the Capital Markets Board. As Celil Aktaş Law Firm, we provide legal services to crypto asset service providers, real persons, and legal entities in administrative and judicial processes related to crypto assets.