Assurance of Law in the Digital World: IT, Cyber Security and Data Protection Law

With the rapid advancement of the digital age, every aspect of our lives is intertwined with technology. In particular, fields such as information technologies (IT), cyber security and data protection law are of critical importance in this digitalization process. Legal services upon IT, Cyber Security and Data Protection laws and regulations in Turkey before courts and authorities becomes more significant. So, what exactly do these branches of law cover and why should businesses work with lawyers who specialize in IT, cyber security and data protection law?

The Turkish Data Protection Law No. 6698

The Law on Protection of Personal Data (KVKK) No. 6698 entered into force on 7 April 2016. This law determines the basic principles and rules on matters such as the processing, transfer, storage and deletion of personal data. Within the scope of the law, the rights of personal data owners are recognized and the obligations of data controllers are determined. In addition, the law provides for the establishment of an independent administrative authority called the Personal Data Protection Authority (KVKK). Personal Data Protection Authority supervises the implementation of the law, examines complaints and imposes administrative fines.

The Turkish Personal Data Protection Law No. 6698 (KVKK) aims to harmonize the Turkish data protection regime with the international standards. The law applies to any natural or legal person who processes personal data of individuals in Turkey or who transfers personal data to third parties abroad.

The Turkish Personal Data Protection Law defines personal data as any information relating to an identified or identifiable natural person. This includes name, surname, date of birth, address, phone number, email address, biometric data, health data, etc. The law also introduces the concept of sensitive personal data, which includes data on race, ethnicity, political opinions, religious beliefs, trade union membership, sexual orientation, criminal records, etc. The processing of sensitive personal data is subject to stricter conditions and requires explicit consent of the data subject.

The law establishes the rights and obligations of data subjects and data controllers. Data subjects are the natural persons whose personal data are processed. Data controllers are the natural or legal persons who determine the purposes and means of processing personal data. Data subjects have the right to access their personal data, request correction or deletion of their personal data, object to processing or transfer of their personal data, and claim compensation for damages arising from unlawful processing of their personal data. Data controllers have the obligation to inform data subjects about the processing of their personal data, obtain their consent when required by law, ensure the security and confidentiality of their personal data, register with the The Turkish Personal Data Protection Data Controllers Registry (VERBIS), and comply with the Personal Data Protection Authority decisions and regulations.

The Personal Data Protection Authority is the main authority for overseeing and enforcing the law. It is an independent administrative body composed of nine members appointed by the President and the Parliament. The The Turkish Personal Data Protection Institution has the power to issue regulations, guidelines, and opinions on data protection matters, conduct investigations and inspections on data controllers, impose administrative fines and sanctions for violations of the law, and cooperate with other national and international data protection authorities.

ISTLEGAL Law Firm is a leading law firm in Turkey that specializes in IT and data protection law as well as contracts. We have a team of experienced lawyers & attorneys who can assist you with all aspects of compliance with the The Turkish Personal Data Protection Law and other relevant IT regulations. We can help you with:

• Conducting a data protection audit and gap analysis
• Drafting and reviewing privacy policies, notices, consents, contracts, and agreements
• Registering with VERBIS and updating your records
• Responding to requests and complaints from data subjects
• Advising on cross-border data transfers and obtaining necessary permissions
• Representing you before the The Personal Data Protection Authority and other authorities in case of disputes or investigations
• Providing training and awareness programs on data protection issues

Data Protection Litigation

When a data breach occurs, it can have a significant impact on a business. Not only can it lead to financial losses, but it can also damage the company's reputation and erode customer trust.

In these cases, it is important for businesses to have a data protection litigator on their side. A data protection litigator is a lawyer who specializes in data protection law. They can help businesses to:

• Investigate data breaches and determine the cause
• Notify affected individuals of the breach
• Respond to regulatory inquiries and file a case
• Claim and defend against data breach lawsuits

The Turkish Internet Law No. 5651

Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts (Internet Law) entered into force on May 4, 2007. This law includes the necessary measures to regulate the broadcasts made on the internet and to fight the crimes committed through these broadcasts. Within the scope of the law, different actors such as internet service providers (ISP), access providers (ESS), hosting providers (MS) and content providers (IS) are defined and responsibilities are determined accordingly. In addition, the law provides for the establishment of an administrative authority called the Telecommunications Communication Presidency (TİB). TİB controls the broadcasts on the internet, makes access blocking decisions and removes the content containing criminal elements.

The Turkish Electronic Communications Law No. 5809

The Electronic Communications Law No. 5809 is one of the most crucial IT laws in Turkey. The law regulates electronic communication services and networks, including telephone and internet services. It aims to ensure the protection of personal data and privacy while also promoting fair competition among service providers. This law also establishes the Information and Communication Technologies Authority (ICTA), which is responsible for implementing and enforcing the law.

The Turkish Cyber Security Law No. 5549

The Cyber Security Law No. 5549 is a relatively new law in Turkey, enacted in 2016. The law aims to protect critical IT infrastructure and prevent cyber threats. It establishes the National Cyber Security Incident Response Team (USOM) responsible for monitoring and responding to cyber incidents. The law also requires service providers to take necessary precautions to ensure the security of their systems.

Litigation Services

We provide litigation services upon IT, Cyber Security and Data Protection laws and regulations in Turkey for our clients to represent in the best manner before courts and claim for damages and compensations from the relevant parties according to the their contracts and the related laws & regulations.

The Law Firm Specialise IT & Cyber Security in Turkiye

The above-mentioned Information & Technology (IT) laws and regulations in Turkiye are essential for protecting personal data, ensuring fair competition, and preventing cybercrime. These laws not only protect individuals and organizations but also promote the responsible use of technology. It is crucial to understand these laws and comply with them to avoid penalties and legal issues. With the implementation of these laws, ISTLEGAL Law Firm and attorneys has taken a significant step towards ensuring professional IT law practices.

If you need any legal assistance or advice on IT, Cyber Security & Data Protection law in Turkey, please contact us at [email protected] or visit our website by one click.