Advice on cybercrimes, internet and social media disputes, e-commerce, software contracts and artificial intelligence law.
With the spread of technology and internet use into every aspect of life, a significant portion of legal relationships has moved into the digital environment. Websites, social media platforms, mobile applications, e-commerce systems, digital contracts, electronic payments, and artificial intelligence technologies bring new legal issues along with them.
IT and Cyber Law is the branch of law that examines the legal relationships and disputes arising from the use of the internet, computer systems, electronic communication, digital platforms, software, electronic commerce, and information technologies.
Our firm provides legal consultancy and attorney services in the fields of cybercrime, internet and social media disputes, removal of internet content, blocking of access, domain-name disputes, e-commerce, software and technology contracts, electronic evidence, digital fraud, cyberattacks, violations of personality rights, copyright and trademark infringements, digital reputation, and artificial intelligence and technology law.
IT and Cyber Law is the branch of law that regulates the legal relationships arising from the use of computers, the internet, software, electronic communication, and digital technologies. IT and Cyber Law is not limited to cybercrime; a wide range of matters — such as unlawful content published on a website, insults made on social media, a company's software license agreement, a sale made through an e-commerce site, fraud committed over the internet, the unfair use of a domain name, the unauthorized copying of software code, trademark infringement in the digital environment, cyberattacks, electronic contracts, and the use of artificial intelligence systems — may be assessed within the scope of IT and Cyber Law.
With respect to offenses committed through the internet and information systems, criminal law and IT law may apply together; within the scope of cybercrime, various acts may arise, such as unlawful access to an information system, obstructing or disrupting the functioning of the system, destroying or altering data, fraud committed through information systems, unlawful acquisition of personal data, violation of privacy, and offenses committed via social media. Unlawful activity carried out in the cyber environment can cause serious harm to individuals and companies; it is particularly important to promptly assess the legal process in cases such as cyberattacks, account takeovers, unauthorized system access, data theft, ransomware attacks, the acquisition of identity information, fake websites, and digital fraud. In cases of fraud committed over the internet, it is important to determine the victim's loss, preserve electronic evidence, and establish the legal nature of the event; acts carried out through methods such as fake shopping websites, social media fraud, fake investment platforms, banking and payment-system fraud, fake advertisements, and identity impersonation may be the subject of legal and criminal proceedings.
With the spread of social media platforms, numerous disputes have arisen concerning personality rights, privacy, freedom of expression, and commercial reputation; situations such as insults, threats, defamation, violations of privacy, the sharing of personal data, the unauthorized publication of photographs or videos, the creation of fake accounts, and damage to commercial reputation on social media may become the subject of legal proceedings. Where unlawful content about a person is shared on the internet or social media, depending on the nature of the case, legal remedies such as removal of the content, blocking of access, application to the platform, criminal investigation, and claims for material and non-pecuniary compensation may be assessed. The creation of a fake social media account using a person's name, photograph, or identity can give rise to various legal issues in terms of personality rights, privacy, personal data, and trademark rights; depending on the particular features of the case, platform applications and administrative-judicial legal remedies may be assessed.
Content published unlawfully on the internet may violate the personality rights, privacy, commercial reputation, or intellectual property rights of individuals or companies; depending on the nature of the content, legal methods such as application to the content provider, application to the hosting provider, notification to the platform, blocking of access, removal of content, or judicial application may be assessed. Where certain content published on the internet is unlawful, legal remedies relating to the blocking of access, within the conditions set out in the legislation, may also come into question. Content published on the internet years ago can adversely affect a person's current life or commercial reputation; in such cases, legal remedies may be determined by assessing together the currency of the content, the legal nature of the publication, the public interest, personality rights, freedom of expression and the press, and the impact of the content on the person's current life. Unlawful content on the internet can also seriously affect the reputation of companies and individuals; in particular, unfair comments, fake reviews, unlawful posts made by competitors, content infringing trademark rights, and attacks on commercial reputation may be assessed from a legal standpoint.
In IT disputes, evidence is often found in the digital environment; email correspondence, WhatsApp messages, SMS records, social media posts, screenshots, server records, IP records, log records, electronic contracts, and digital files can be important in resolving disputes; obtaining, preserving, and lawfully using electronic evidence is important. Content on the internet may be deleted or altered over time; for this reason, it is particularly important to timely identify evidence with respect to social media posts, website content, emails, messaging, and digital advertisements. Electronic communication records can constitute important evidence in some disputes; however, the evidentiary nature and usability of digital correspondence must be separately assessed according to how it was obtained and the nature of the dispute.
The sale of goods or services over the internet can concern different fields of law, such as consumer law, contract law, commercial law, personal data protection law, and e-commerce legislation. For e-commerce businesses' websites and sales processes, it is important to put in place legal arrangements regarding matters such as distance sales contracts, pre-contractual information, terms of use, privacy and data protection, cookie policies, return and withdrawal procedures, and electronic commercial communications. For businesses operating on marketplaces, social media platforms, app stores, and other digital platforms, platform agreements and user relationships can produce various legal consequences; the platforms' terms of use, content policies, data processing procedures, user agreements, and seller agreements may be examined from a legal standpoint.
In software development processes, it is important that the rights and obligations of the parties be set out in writing; software agreements may regulate matters such as the scope of the software, the delivery process, fees, updates, maintenance and support, intellectual property rights, source code, confidentiality, and liability. Where the right to use software is granted to certain persons or companies, license agreements come into question; license agreements may regulate matters such as the scope of use, number of users, term, territorial restrictions, updates, support services, sublicensing, and termination of the agreement. In software projects, who owns the source code and under what conditions it may be used is an important legal matter; in particular, clearly defining the rights among the developer, the employer, the client, and the licensee of the software helps prevent disputes that may arise later. The unauthorized copying, reproduction, distribution, or use of software can give rise to legal issues in terms of intellectual property; depending on the nature of the specific case, remedies such as cessation of use, removal of content, material and non-pecuniary compensation, prevention of infringement, or recourse to criminal law may be assessed.
Domain names are an important part of a business's identity on the internet; a domain name infringing trademark rights, being confused with another party's trade name, being used unfairly, or being registered in bad faith can give rise to disputes. Where a business's trademark or trade name is used by a third party as a domain name, a legal assessment may be made within the scope of the provisions on trademarks, trade names, and unfair competition.
Cyberattacks against companies' information systems can result in consequences such as data loss, system downtime, the acquisition of trade secrets, the exposure of personal data, and financial loss; following an attack, it is important that the legal process be carried out alongside the technical response, and at the same time. Where personal data falls into the hands of unauthorized persons as a result of an IT attack, a separate assessment may be required under the Law on the Protection of Personal Data (KVKK); for this reason, there is a direct link between IT and Cyber Law and Personal Data Protection Law. Following a cyberattack, it may be necessary to identify the event, preserve digital evidence, determine the scope of the attack, identify the affected systems and data, assess the required notifications, conduct the criminal investigation process, determine the material losses, and assess the necessary compensation and other legal remedies.
Contracts formed over the internet are one of the fundamental elements of digital commerce; in electronic contracts, matters such as identifying the parties, formation of the contract, electronic consent, terms of use, payment, termination, and liability are important. For websites and mobile applications, user agreements may be prepared setting out the terms under which users will use the platform; these agreements may regulate matters such as user rights, user obligations, prohibited conduct, use of content, intellectual property, liability, and account closure. For cloud-based software and SaaS services, it is important that the rights and obligations of the parties be clearly set out; in particular, matters such as service level, data security, data processing, service interruptions, technical support, intellectual property, liability, and termination of the agreement may be regulated in the contract.
The processing of personal data in digital systems is quite widespread; websites, mobile applications, e-commerce platforms, and software may process personal data such as user information, IP addresses, cookie data, location information, payment information, and communication records. For this reason, in IT projects, compliance with data protection legislation must be assessed alongside the technical structure. The legal nature and purpose of cookies used on websites must be assessed, and the necessary information notices and legal mechanisms must be put in place; data protection rules are particularly important with respect to technologies used for analytics, advertising, and marketing purposes.
The spread of artificial intelligence technologies in business life and daily life brings new legal issues along with it; matters such as content generated by artificial intelligence, the transfer of personal data to artificial intelligence systems, copyright, the protection of trade secrets, algorithmic decision-making, the liability of artificial intelligence systems, and artificial intelligence service agreements are gaining legal importance. The use of artificial intelligence tools by companies' employees can create various legal risks where trade secrets, customer information, personal data, and confidential documents are uncontrollably transferred to third-party systems; for this reason, it is important for companies to establish artificial intelligence usage policies and to inform employees about this matter.
The publication of untrue or misleading information about competing businesses over the internet can give rise to legal consequences in terms of commercial reputation and unfair competition; in particular, fake reviews, misleading advertisements, untrue statements about a competitor, misuse of trademarks, and fake social media accounts may be assessed from a legal standpoint.
In offenses committed through information systems, it is important to collect and preserve digital evidence during the investigation process; for the suspect or the victim, the public prosecutor's investigation, law-enforcement proceedings, digital materials, expert examinations, and electronic records are assessed from a legal standpoint. Where material or non-pecuniary damage arises as a result of unlawful acts committed through IT means, claims for compensation may arise depending on the nature of the case; liability for compensation may be assessed with respect to loss of commercial reputation, violation of personality rights, data loss, loss of business, and damage arising from unlawful content.
Depending on the nature of the post, various legal remedies may come into question, such as a criminal investigation, content removal, blocking of access, and claims for material or non-pecuniary compensation.
Depending on the nature of the account and the posts, remedies such as application to the platform, content removal or access-blocking procedures, and judicial application may be assessed.
The same legal remedy does not apply to every piece of internet content. The nature, currency, and accuracy of the content, the public interest, and the impact on personality rights must be assessed together.
Depending on the nature of the specific case, legal remedies aimed at recovering the loss may be assessed alongside the criminal investigation. Acting quickly with respect to transactions involving banks or payment institutions is important.
Electronic correspondence can have evidentiary value in some disputes. However, how the evidence was obtained, its integrity, and the nature of the dispute are important.
Depending on the website's field of activity, terms of use, privacy and data protection notices, a cookie policy, a distance sales contract, and other legal texts may be required.
The legal nature of the software, ownership of the rights, and the manner of use may be examined, and the legal remedies available under intellectual property legislation may be assessed.
Depending on how the domain name is used, legal remedies relating to trademark rights, trade names, unfair competition, and domain-name disputes may come into question.
Securing the system is as important as preserving digital evidence and promptly assessing the legal dimension of the event. If a personal data breach is involved, the obligations under data protection legislation must also be examined.
Yes. Various legal risks may arise, such as the transfer of personal data, trade secrets, or confidential company information to the artificial intelligence system used, as well as the generated content infringing copyright, trademark, or other intellectual property rights.
Legal issues arising in the digital world often need to be assessed together with criminal law, personal data protection law, intellectual property law, commercial law, consumer law, and contract law. Our firm provides legal consultancy and attorney services in the fields of cybercrime, cyberattacks, internet fraud, social media disputes, removal of internet content, blocking of access, digital reputation, electronic evidence, e-commerce, software and technology contracts, software licenses, domain-name and trademark disputes, KVKK, data breaches, artificial intelligence, and digital platforms.