Becoming an IT Lawyer and the Relevant Legislation

As technology advances day by day around the world and in Türkiye, many inventions that have become an integral part of our lives — though created to make our lives easier — initially outpace existing legal frameworks, which struggle to keep up with the speed of technological change.

However, the growth of digital literacy, the presence of lawyers who follow current developments, and a number of new laws have brought many innovations to this field. The regulations listed below have introduced a range of rules within the framework of ‘Information Technology Law’ (Bilişim Hukuku), the new-generation branch of the Turkish legal system.

In particular, Information Technology Law may well be the most distinctive and advantageous field in which younger lawyers can set themselves apart from their peers.

Although younger lawyers are generally familiar with the technological tools they use daily, it is also true that many colleagues have not kept pace with the habit of ‘reading.’ For this reason, becoming an ‘IT lawyer’ is not merely about being good with technology and social media; it also requires continuously following existing laws and their derivatives.

For example, the laws concerning ‘Property Law’ are quite static and many date back a long way; this branch therefore changes little, because the concept of ‘ownership’ has existed since the dawn of humanity, developing over time and then settling into stability.

Information Technology Law, by contrast — though an appealing field for younger lawyers — raises many challenges: many rules are not yet settled, case law is limited, and regulation struggles to keep up with constantly changing technology. For this reason, those who wish to become IT lawyers must, contrary to common belief, read more, research more, and develop a stronger capacity for interdisciplinary reasoning.

Naturally, while doing so, they must also follow technology closely, be conversant with technical terminology, and, most importantly, know a foreign language. Choosing information technology law as a member of the younger generation requires, on top of the research skills of the classic lawyer, a far more determined spirit.

For this reason, we have compiled below — for all lawyers and interested readers who wish to become IT lawyers — the principal legislation within the framework of Turkish law. Enjoy the read.

Principal Branches of Information Technology Law

• Internet Law

• Social Media Law

• Electronic Communications Law

• Personal Data Protection Law (KVKK)

• GDPR (EU General Data Protection Regulation)

• Digital Gaming Law

• Digital Copyright Law

• E-Commerce Law

• E-Payment Systems

• E-Signature, Registered Electronic Mail (KEP) and E-Notification Practices

• Electronic Signature

• Electronic Notification

• The Digital Company

• E-Money Law

• E-Invoicing

• eSports Law

• Blockchain Technology

• Cryptocurrency Law

• Smart Contract Law

• ICO Law

• Crowdfunding and Its Legal Status

• Internet of Things (IoT)

• Artificial Intelligence

• Robot Law

• Chatbot Law

• Cloud Law

• Cybercrime

• Cybersecurity Law

• Cyberbullying

• Cyberwarfare

• Digital Forensics

• E-Government: Digital Administration

• Digital Democracy and Diplomacy

• E-Voting Systems

• E-Procurement Systems

• E-Government Law

Relevant Institutions

• BTK — Information and Communication Technologies Authority

• Internet Development Board (İnternet Geliştirme Kurulu)

• RTÜK — Radio and Television Supreme Council

• EUREKA Cooperation Platform (TÜBİTAK)

• Informatics Valley (Bilişim Vadisi)

Relevant Leading Non-Governmental Organizations

• Turkish Informatics Foundation (Türkiye Bilişim Vakfı)

• Turkish Informatics Association (Türkiye Bilişim Derneği)

• Internet Technologies Association (İnternet Teknolojileri Derneği)

• Information Technology Sector Association (Bilişim Sektörü Derneği)

• Glossary of Informatics Terms — TSE

Laws Related to Information Technology Law

• Law No. 5651 (Regulation of Publications on the Internet and Combating Crimes Committed through Such Publications)

• Law No. 6698 on the Protection of Personal Data (KVKK)

• Law No. 6563 on the Regulation of Electronic Commerce

• Law No. 5809 on Electronic Communications

• Law No. 5070 on Electronic Signatures

• Law No. 5846 on Intellectual and Artistic Works

• Law No. 5187 (Press Law)

• Decree-Law No. 655 (Article 29)

• Decree-Law on the Protection of Trademarks

• Article 18 of Law No. 1262 on Pharmaceutical and Medicinal Preparations

• Article 5 of Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions

• Article 115 of Law No. 6362 on the Capital Markets

Regulations Related to Information Technology Law

• Regulation on the Procedures and Principles Regarding Publications Made on the Internet

• Regulation on the Procedures and Principles for Granting Activity Certificates to Access Providers and Hosting Providers by the Telecommunications Authority

• Regulation on Collective Internet Use Providers

• Regulation on Internet Domain Names

• Regulation of the Internet Development Board

• Regulation on the Processing of Personal Data and Protection of Privacy in the Electronic Communications Sector

• Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce

• Regulation on Network and Information Security in the Electronic Communications Sector

• Regulation on Authorization in the Electronic Communications Sector

• Regulation Amending the Electronic Public Procurement Implementation Regulation

• Regulation Amending the Electronic Product Certificate Regulation

• Regulation on Commercial Advertising and Unfair Commercial Practices

• Regulation on the Procedures and Principles for the Preparation of Legislation

• Regulation on the Health Claims of Products Offered for Sale with Health Claims

• Regulation on the Sale, Advertising and Promotion of Medical Devices

• Regulation on the Organization, Duties and Working Procedures of Governorship and District Governorship Units

• Regulation on the Procedures and Principles Concerning the Sale and Presentation of Tobacco Products and Alcoholic Beverages

• Regulation on Commercial Communication and Commercial Electronic Messages

• Regulation on Personal Health Data

• Communiqué on the Procedures and Principles for Application to the Data Controller

• Regulation on the Online Presentation of Radio, Television and On-Demand Broadcasts

• Regulation on the Deletion, Destruction or Anonymization of Personal Data

• Regulation on the Operation, Working and Audit Principles of the Data Storage Institution

By-laws (Tüzük) Related to Information Technology Law

• By-law of the Union of Access Providers

Communiqués Related to Information Technology Law

• Communiqué on Internet Domain Names

• Communiqué on the Dispute Resolution Mechanism for Internet Domain Names

• Communiqué on Service Quality for Operators Providing Internet Service Provision

Relevant BTK Decisions

• Procedures and Principles Regarding the Safe Internet Service — Consolidated Text

• Safe Use of the Internet — BTK 2011/DK-10/91

• Procedures and Principles Regarding the Safe Internet Service — BTK 2011/DK-14/461

• Procedures and Principles Regarding the Safe Internet Service — BTK 2012/DK-14/31

• Amendment to the Procedures and Principles Regarding the Safe Internet Service — BTK 2012/DK-14/93

• Procedures and Principles Regarding the Safe Internet Service — BTK 2012/DK-14/295

Protection of Personal Data

• KVKK Decisions (Current Decisions)

• Personal Data Protection Law — Purpose and Scope

International Conventions

• European Convention on Human Rights

• Council of Europe Convention on Cybercrime (together with the related Report of the TBMM Foreign Affairs Committee)

• United Nations Convention on the Rights of the Child

• Council of Europe Convention on Cybercrime — Explanatory Report (English)

• Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (together with the related Law)

• Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (English)

Essential Further Reading

• Information Technology Law — The Banks Association of Türkiye

• Mehmet Bedii Kaya — Internet Law and Legislation

• Turkish Informatics Association — IT Legislation

• Module on Enhancing the Effectiveness of the Turkish Criminal Justice System

• Report on Law in the Age of Artificial Intelligence — Istanbul Bar Association

• CMB (SPK) — Crypto/Bitcoin Report

• Central Bank — Thesis on Virtual Currencies

• BTK — Cloud Computing Report

• ICO Law — Av. Sima Baktaş

• A Legal Perspective on Electronic Money, Virtual Money, Bitcoin and the Linden Dollar

• Intellectual and Industrial Property Rights in the Information Technology Sector

• Cyberbullying — TBV (Turkish Informatics Foundation)