Introduction
Artificial Intelligence (AI) technologies are transforming industries across the globe—from finance and healthcare to transportation and legal services. In Türkiye, this transformation has brought legal and regulatory challenges that require careful governance. Turkish AI Law is still developing, but it already draws on existing legal frameworks such as data protection, consumer rights, competition law, and sector-specific regulations.
This article provides a comprehensive overview of Turkish AI Law, focusing on its current legal framework, regulatory authorities, ethical principles, and expected future developments.
Legal Framework of Turkish AI Law
Currently, Türkiye does not have a single, unified Artificial Intelligence Act like the forthcoming EU AI Act. Instead, AI-related issues are addressed through a combination of existing laws and strategic policy documents.
1. Constitutional Principles
- The Turkish Constitution protects fundamental rights such as privacy, equality, and human dignity.
- Any AI application (such as facial recognition, automated decision-making, or surveillance) must comply with these constitutional guarantees.
2. Law No. 6698 on the Protection of Personal Data (KVKK)
- The most relevant law for AI systems that process personal data.
- Requires explicit consent, purpose limitation, and data minimization for personal data processed by AI.
- Automated profiling and decision-making are restricted, requiring safeguards for individuals.
3. Law No. 6563 on Electronic Commerce
- Regulates AI-based recommendation systems, targeted advertising, and consumer profiling.
- Businesses must ensure transparency in AI-driven e-commerce activities.
4. Law No. 4054 on the Protection of Competition
- AI algorithms in pricing and digital markets may raise antitrust concerns.
- The Turkish Competition Authority has closely examined algorithm-driven collusion and abuse of dominance.
5. Law No. 5846 on Intellectual and Artistic Works (FSEK)
- Raises debates on AI-generated works: authorship, copyright ownership, and originality.
- Current law does not recognize AI as an author; ownership belongs to the human or legal entity operating the AI.
6. Sector-Specific Rules
- Healthcare: Ministry of Health regulates AI-based diagnostic tools and medical devices through TITCK approvals.
- Finance: Banking Regulation and Supervision Agency (BDDK) oversees AI in fintech, credit scoring, and automated trading.
- Defense & Security: AI in surveillance and drones is subject to national security regulations.
Strategic Policy Framework
- National Artificial Intelligence Strategy (2021–2025)
- Published by the Presidency of Digital Transformation Office and the Ministry of Industry and Technology.
- Aims to position Türkiye as a regional AI hub.
- Sets principles: human-centered AI, transparency, accountability, and data sovereignty.
- Digital Transformation Office Initiatives
- Promotes public-private cooperation in AI research.
- Focuses on ethical AI use in government services.
Key Principles in Turkish AI Law and Practice
- Human-Centered and Ethical AI
- AI must respect human dignity, equality, and rights.
- Aligns with OECD and EU ethical AI guidelines.
- Transparency and Accountability
- Users should know when decisions are made by AI.
- Businesses must ensure explainability in AI-based services.
- Data Protection and Privacy
- AI must comply with KVKK and GDPR-like safeguards.
- Sensitive data (health, biometrics, political opinions) require higher protection.
- Liability and Risk Allocation
- No dedicated AI liability law yet.
- General liability principles under the Turkish Code of Obligations apply (fault, negligence, strict liability for hazardous activities).
Enforcement and Court Practices
- KVKK Board has sanctioned companies for unlawful AI-driven profiling without proper consent.
- Competition Authority has investigated algorithmic collusion in e-commerce.
- Courts are beginning to address cases involving AI-driven defamation, privacy breaches, and automated decision-making disputes.
Future Outlook
- Türkiye is closely following the EU AI Act and expected to align domestic regulations accordingly.
- Likely developments include:
- A dedicated AI regulatory act focusing on risk-based classification.
- Clearer liability rules for damages caused by autonomous systems.
- Stronger ethical and compliance frameworks for high-risk AI (healthcare, employment, policing).
Compliance Tips for Businesses Using AI in Türkiye
- Conduct AI Impact Assessments (data protection, competition, consumer law).
- Ensure KVKK compliance in all AI-driven data processing.
- Be transparent about AI-based decision-making in consumer services.
- Monitor algorithmic outputs to prevent discrimination or bias.
- Engage legal counsel before launching AI systems in sensitive industries (healthcare, finance, security).
Conclusion
The development of Turkish AI Law reflects the global challenges of regulating artificial intelligence. While Türkiye does not yet have a dedicated AI act, the combination of data protection, competition, consumer, and sector-specific laws already creates a strong compliance environment.
For companies, academics, and policymakers, the key is to integrate ethical principles, transparency, and accountability into AI systems. As Türkiye continues to harmonize with the EU AI Act and international standards, stakeholders must proactively prepare for stricter regulatory requirements.
Turkish AI Law is not only a matter of compliance—it is also a framework to ensure that innovation respects fundamental rights and social values.
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