Data Protection & IT Law

In the digitalising business world, compliance with personal data protection and IT law is no longer a choice � it has become a necessity. The Personal Data Protection Law No. 6698 (KVKK) and GDPR in Europe place serious responsibilities on every organisation that processes data, while Law No. 5651 on the Internet sets out decisive rules on online content and access issues. At Efeo�lu Law and Consultancy, we provide both proactive advisory during compliance processes and reactive legal support in potential breaches and disputes.

KVKK Compliance Advisory

KVKK compliance is not a one-off exercise � it is a dynamic process that requires continuous management. From employee data to customer records, from marketing databases to cloud storage, every data processing activity must be structured in compliance with the relevant legislation.

• Data inventory and data flow mapping (DPIA) studies
• Drafting disclosure texts and explicit consent forms
• Managing the VERB�S registration process and declaration preparation
• Drafting and auditing data processing agreements (DPA)
• Employee awareness training and establishing compliance policies
• Bringing relationships with third-party data processors into legal order

For comprehensive drafting of data processing agreements (DPA) and non-disclosure agreements, please see our work in Contract Law.

Data Breach Response and Crisis Management

A data breach is not merely a technical problem � it is an event giving rise to serious legal obligations. Action must be taken within hours of the breach being identified.

• Emergency support in fulfilling the 72-hour notification obligation
• Personal Data Protection Board notification and management of correspondence
• Preparation of notifications to be made to affected individuals
• Strategy to minimise the legal consequences of the breach
• Representation in administrative investigation processes

Personal Data Protection Board Complaints and Defences

Complaint applications may be made to the Board, and defences may be prepared in investigation processes initiated by the Board. Administrative fines have reached significant amounts as of 2024, and effective management of the appeals process is of critical importance.

• Preparing responses to data subject applications
• Drafting complaint petitions to be submitted to the Board
• Challenges to Board decisions (administrative court)
• Defence aimed at cancelling or reducing administrative fines

For annulment proceedings before administrative courts against Board decisions, please see our work in Administrative and Tax Law.

GDPR Compliance (Companies Active in the European Market)

Turkish companies that offer goods or services to the EU market or process data of EU citizens may also be subject to GDPR. Given GDPR's extraterritorial effect and its serious penalty regime, this compliance should be treated as a strategic priority.

• GDPR applicability analysis
• Advisory on appointing an EU representative (Article 27)
• Standard contractual clauses (SCC) and binding corporate rules (BCR)
• Establishing the legal basis for international data transfers

Cybercrime Defence

Cybercrime offences under Articles 243�246 of the Turkish Penal Code cover acts such as unauthorised access to computer systems, damage/deletion/obstruction of data and rendering a system inoperable. The technical dimension of these charges requires particularly careful preparation of the defence.

• Defence in charges of unauthorised access to IT systems
• Cases involving unlawful obtaining and dissemination of personal data
• Cases involving insult, threats and fraud via social media and the internet
• Pursuing rights in cyber fraud and phishing victimisation
• Processes relating to bank and credit card fraud

For criminal defence in investigation and prosecution processes involving cybercrime charges, please see our work in Criminal Law.

Internet Law and Content Management

Access blocking orders under Law No. 5651, content removal obligations and regulations on internet broadcasting create serious legal risks for both content creators and platform operators.

• Access blocking and removal requests for insult, defamation and personal rights infringement content
• Challenges to unlawful access blocking orders
• Emergency legal action in social media account theft and identity theft cases
• Contract and e-commerce disputes online
• Online privacy infringements and right to be forgotten applications

AI and Technology Law

Artificial intelligence applications, autonomous systems and big data analytics are raising new legal questions on liability, transparency and data processing. Legislation in this field is developing rapidly, making it necessary for businesses to adopt a proactive legal stance.

• Data processing law assessment in AI applications
• KVKK compliance in algorithmic decision-making and automated processing
• Drafting bespoke contracts and terms of use for technology companies
• Liability arrangements in software development and SaaS agreements