IT Law

IT law (information technology law) is the field of law dealing with legal relationships and disputes arising through the internet, social media, software, e-commerce and digital data. As digitalisation extends to every area of life, the protection of personality rights, cybercrime and the processing of personal data are becoming increasingly important for individuals and businesses alike.

Disputes in this field require timely and careful assessment because evidence can disappear quickly, content and service providers are often located abroad, and legislation changes frequently.

For individuals

• Civil and criminal remedies against personality rights violations on the internet and social media, such as insult, defamation, breach of privacy and unauthorised sharing of images
• Requests for interim injunctions to remove content and actions for damages
• Applications for blocking access on grounds of privacy under Article 9/A of Law No. 5651
• Complaints and representation as intervening party in cybercrime cases such as account takeover, unauthorised access to computer systems, alteration of data and online fraud
• Proceedings concerning the misuse of bank or credit cards
• Applications to data controllers and the Personal Data Protection Board against unlawful processing of personal data; right to be forgotten requests

For businesses

• Compliance with the Personal Data Protection Law No. 6698: data inventory, privacy notices, explicit consent processes, cross-border transfers and data security policies
• Managing notifications to data subjects and the Board in the event of a data breach
• Terms of use, privacy and cookie policies for websites and mobile applications
• Software licence, development, maintenance and SaaS agreements
• Compliance with e-commerce legislation and consumer transactions
• Proceedings concerning cybercrime committed by employees or third parties

Recent developments

By its decision of 11 October 2023 (E. 2020/76, K. 2023/172), the Constitutional Court annulled Article 9 of Law No. 5651, which allowed persons whose personality rights were violated to request access blocking from criminal judgeships of peace; the annulment took effect on 10 October 2024. Remedies for personality rights violations therefore need to be reassessed in light of current legislation and practice. Article 9/A on privacy remains in force.

Preserving evidence

In IT disputes, content can be deleted or altered quickly. It is therefore important to record without delay the URL of the content, screenshots, the date and time of posting and user information, and where necessary to have the content documented by a notary or expert.

The information on this page is for general information purposes only and does not constitute legal advice.