Information Technology Law

No. Following an annulment decision of the Constitutional Court, requesting content removal and access blocking from a criminal judgeship of peace for violations of personality rights has not been possible since October 10, 2024. A company may now notify the content and hosting providers directly, or file a personality rights or unfair competition lawsuit and seek an interim injunction for removal; if the content constitutes a criminal offense, a criminal complaint is also possible. A social network provider that fails to remove content within 24 hours of being notified of a court decision finding it unlawful is liable for the resulting damage. The content should be preserved as evidence immediately, with its URL and date.

Depending on the facts, it may be, and several offenses may arise together. If the employee entered a system without authorization or remained in it after their access rights ended, the offense of unauthorized access to an information system may arise; giving trade secrets to a competitor, even if obtained with authorized access, may constitute the offense of disclosing trade secrets. The trade secret offense is, as a rule, prosecuted only upon complaint, which must be filed within six months of learning of the act and the perpetrator; copying personal data may also constitute the offense of unlawfully obtaining personal data. Log records and device images should be preserved immediately using digital forensics methods.

A marketplace that, in a calendar year, exceeds both the net transaction volume threshold updated annually by the Ministry of Trade and 100,000 transactions excluding cancellations and returns must obtain an e-commerce license to continue operating. Volumes of marketplaces within a single economic unit are aggregated for the threshold; the application is made in March of the year after the threshold is exceeded, and the license is renewed each March while the threshold continues to be exceeded. The license fee is calculated at progressive rates based on net transaction volume. Operating without a license triggers tiered administrative fines, and if the violation is not remedied, the Ministry may block access to the marketplace.

Yes; because the Code of Civil Procedure recognizes electronic data as documents, email and message correspondence can be submitted as evidence in a commercial lawsuit. However, correspondence without a secure electronic signature does not have the evidentiary force of a formal instrument; for transactions requiring proof by a formal written instrument, a message sent by the opposing party that makes the transaction appear likely is a beginning of written proof (delil başlangıcı) and allows witnesses to be heard. Since authenticity may be disputed, messages should be stored with metadata such as sender information and date. Important agreements should be concluded by a signed written contract or with a secure electronic signature.

A platform hosting user content is, as a hosting provider, not obliged to check that content in advance or to investigate whether it is unlawful. Liability arises when the platform fails to take down unlawful content despite being duly notified of it; if it creates or modifies the content itself, it is directly liable as a content provider. Failing to make the hosting provider notification and failing to retain traffic data for the period prescribed by legislation also result in administrative fines. A channel for receiving notifications, a content removal procedure and a record retention system should therefore be put in writing.

Upon an infringement complaint from the trademark owner supported by information and documents, the e-commerce intermediary service provider must take down the product listing and notify the seller and the right holder. If the seller submits an objection supported by information and documents showing the contrary, the product is relisted; the complaint and the objection must include the parties' identity and address details, product information and the grounds. A marketplace that does not follow this procedure is subject to an administrative fine for each violation. The marketplace's decision does not finally resolve the dispute; the parties may apply to the courts and other competent authorities under the general provisions.

Miran Legal prepares the legal infrastructure for companies selling goods and services online and advises on e-commerce practices. We advise internet content providers and hosting providers on their obligations and liabilities, and we handle licensing, the protection of intellectual property rights, and recording and registration procedures. We handle criminal cases involving cybercrimes and conduct the proceedings at every stage of the case. We monitor current developments in information technology law and provide sector-specific legal solutions.