With the rapid expansion of digitalization, IT law has become a critical field for both individuals and companies. The widespread use of the Internet, proliferation of e-commerce platforms, integration of cloud systems, and artificial intelligence applications into daily life bring with them significant legal risks.

KK Legal Law Firm, led by Attorney Kübra KESKİN ÖKMEN, provides comprehensive and reliable solutions in the field of IT law. This article examines the scope of IT law, data protection obligations, e-commerce contracts, cybersecurity, intellectual property rights, and the importance of legal consultancy in detail.

What is IT Law? Key Concepts and Scope

IT law covers all legal regulations related to information technologies. Today, it includes not only software and hardware contracts but also data security, e-commerce law, and cybercrimes.

IT Law Applications in Software and Hardware Contracts

• License rights and usage terms must be clearly stated.

• Maintenance and update conditions should be legally secured.

• Intellectual property rights must be protected.

• Responsibilities and obligations of the parties should be clearly defined in the contract.

Case Example: In 2023, a financial company faced a compensation lawsuit after data loss because their service contract with a third-party software provider did not clearly define maintenance and update conditions. KK Legal specializes in ensuring the legal validity of such contracts.

Content Removal / Access Blocking under Law No. 5651

• In cases of personal rights violations, defamation, unfair competition, or unlawful disclosure of personal data: submission of petition, evidence collection, coordination with USOM/BTK, content removal/access blocking, and notification tracking.

• Emergency line: Time is critical—technical and legal measures must be coordinated to limit dissemination.

Social Media and Platform Procedures

• Platform policies, DMCA-like procedures, rapid response to trademark/personal rights violations, removal of fake accounts and content; influencer and user contracts and warning procedures.

Intersection with KVKK / GDPR

• Analysis of legal basis and retention periods for search/index data, news archives, forum content, old enforcement/announcement records.

• Rights exercise: deletion, correction, or restriction requests; management of procedures with data controllers.

Digital Evidence and Risk Management

• Screenshots, hashes, timestamps; intellectual property rights; chain of custody and pre-litigation strategy.

Sectoral Case Experience

Search engines & news archives, social media/comment platforms, marketplace & listing sites, company reputation/CEO name, public tender/announcement archives.

Applicable Legislation: KVKK Law No. 698, Law No. 5651, Law No. 6563 (ETK) and secondary regulations; consumer legislation; intellectual property; unfair competition; trademark/personal rights.

Key Areas of Compliance

1) Cookie Management and Policy

• Classification: Necessary / functional / performance-analytics / advertising-marketing cookies.

• Banner & panel: default opt-out, “Accept All / Reject All / Manage Preferences” visibility; reopen button.

• Policy content: purpose, parties (1st party/3rd party), retention periods, changes in consent, browser controls.

• Sensitive data & profiling: explicit consent required; child data sensitivity.

• Analytics/pixel use: IP masking, anonymization, contractual safeguards.

2) Privacy Notices & Explicit Consent

• Separate document approach: notice ≠ consent. Purpose-legal basis table, recipient groups, retention periods, application rights.

• Consent collection: separate checkbox per purpose; no pre-checked boxes; easy withdrawal.

• Cross-linking: link from cookie policy to notice, communication consents, and commercial communication notice.

3) Commercial Electronic Communication (IYS) & Email/SMS Permissions

• Permission collection channels: forms, checkboxes, double opt-in; IYS integration (recipient registration/withdrawal tracking).

• Content requirements: sender information, easy and free opt-out link.

• Proof of record: time-stamped logs; campaign data minimization.

4) E-Commerce and Consumer Legislation

• Pre-information + Distance Contracts: price/taxes, shipping, delivery-return, right of withdrawal process, exceptions.

• Payment step: total amount, installment/commission transparency; no dark patterns.

• Return-cancellation workflow: self-service request/label; SLA and fee transparency.

5) Obligations of Content/Hosting Providers under Law No. 5651

• Contact information (impressum) and access/hosting provider details.

• Traffic data/logging & retention; content removal/access blocking application-response workflow; legal notification addresses.

• Single contact point for fast request management via email/portal.

6) Privacy Policy & Data Inventory

• Process maps: forms, cookies, newsletters, support requests, career applications.

• Retention-deletion schedule: category-based periods; anonymization criteria.

• Application channel: KVKK application form/portal; KKEP (channel, identity verification, SLAs).

7) Data Processing Agreements & Sub-Processors

• DPA (data processing agreement): instructions, security measures, audit rights, sub-processor approval, data return/deletion.

• MarTech/SaaS inventory: analytics, CRM, email services; contractual safeguards and location info.

8) Cross-Border Transfer & Cloud

• Risk assessment (TIA-like): data type, country, provider; technical/organizational measures.

• Commitments: standard contractual clauses/additional contractual safeguards; encryption, pseudonymization.

9) Information Security, Incident Management, and Evidence

• Minimum measures: access rights, MFA, logging, backups, vulnerability management.

• Breach workflow: detection-classification-recording-notification; archive and screenshots/hashes for evidence chain.

10) Intellectual Property & Content Use

• Visual/license compliance, copyright/trademark risks; UGC moderation principles; fake account/fraudulent content procedures.

Intellectual Property Rights and IT Law

• Protecting software, digital content, and designs prevents possible violations.

• Copyrights, patents, and trademarks must be legally secured.

• Licensing and distribution of digital products must be managed within a legal framework.

Case Example: In 2024, a start-up could not protect its mobile app design, allowing competitors to release similar products. KK Legal minimizes such risks through preventive legal measures.

E-Commerce and Digital Services in IT Law

• The legal framework of online services is vital for consumer rights and data security.

• Proper drafting of e-commerce contracts protects both companies and customers.

• Digital payment systems and subscription agreements should be regulated to minimize legal risks.

Personal Data Protection and Cybersecurity Law

• Preventing data breaches is a critical aspect of IT law.

• Failure to protect personal data can lead to severe legal and financial penalties.

• Companies must take both technical and legal measures against cyber attacks.

Cybercrimes and IT Law Sanctions

• Cyber attacks, fraud, and data breaches trigger companies’ legal liabilities.

• Legal consultancy is crucial for identifying risks and implementing preventive measures.

• Defense and proactive measures against IT crimes protect both reputation and finances.

KVKK and IT Law: Data Protection and Compliance

• Personal data in Turkey is regulated under Law No. 6698 (KVKK). Companies must fulfill obligations when processing employee and customer data:

  • Processing purpose must be clear.

  • Data subjects must be properly informed.

  • Data must be securely stored and processed.

  • Sharing with third parties must comply with the law.

Case Example: In 2023, an e-commerce company faced serious penalties after sharing customer data with unauthorized third parties. Proactive legal consultancy helps prevent such situations.

• For international operations, GDPR compliance is critical.

• Companies processing data within the EU must comply with GDPR standards.

• Compliance protects against legal sanctions and increases customer trust.

E-Commerce Law and Digital Contracts

• Legal validity of contracts is critical for companies operating on digital platforms.

• Important contract types:

  • Software license agreements

  • Service contracts

  • Subscription and membership agreements

  • Digital content sales agreements

KK Legal ensures contracts comply with Turkish legislation and international regulations, preventing potential disputes.
Recommendation: Regularly updating contracts to align with new regulations minimizes digital legal risks.

Cybersecurity and IT Law

• Cyber attacks, data breaches, and digital fraud create legal liabilities for companies.

Case Example: In 2024, a fintech company faced data theft due to a cyber attack. Lack of legal consultancy resulted in financial and reputational loss.

KK Legal analyzes cybersecurity risks from a legal perspective, minimizes liabilities, and ensures quick legal action in case of data breaches.

• Cybersecurity policies must be legally regulated

• Risk assessments should be updated regularly

• Employees should be trained in cybersecurity awareness

Intellectual Property and Digital IT Law

• Digital content, software, and designs should be protected under intellectual property law.

Case Example: A start-up could not protect its mobile app design, allowing competitors to release similar products.

KK Legal:

• Manages patent and copyright applications

• Organizes licensing processes for digital products

• Plans legal actions in case of violations

• Provides strategic consultancy for intellectual property protection

KK Legal: IT Law Consultancy Services

Services:

• Drafting and reviewing digital contracts

• KVKK and GDPR compliance consultancy

• Legal analysis of cybersecurity risks

• Protection of intellectual property rights

• Identification and resolution of potential legal disputes

Led by Attorney Kübra KESKİN ÖKMEN, KK Legal minimizes legal risks in the digital world and secures clients’ rights.

Legal Awareness and IT Law in the Digital World

• IT law requires conscious action for everyone operating in the digital environment.

• Proper legal consultancy provides solutions and proactive risk management.

• KK Legal secures clients’ digital rights and obligations.

• Regular training and monitoring of legislation enhance companies’ digital security.