What Is IT Law?

Information technology law (IT law), often known as cyber law or information technology law, is a field of legal research and practice that focuses on the laws and rules governing the use of computer systems and information technology. In terms of technology, computers, the internet, and digital information, it covers an extensive spectrum of legal issues and topics.

The legal structure that controls the use, management, and safeguarding of information technology (IT) and technological advances in Turkey is referred to as IT law in terms of the Turkish legal system. The fast advancement of technology and its effects on society, the economy, and individual liberties have given rise to several legal concerns that are addressed by IT law in Turkey, as they are in many other nations.

The dynamic and ongoing evolution of IT legislation is a result of how quickly technology is developing. By assuring compliance with pertinent laws, defending their rights, and settling conflicts online, lawyers who specialize in IT law assist people, businesses, and governments in navigating this complexity.

What are The Key Aspects of IT Law?

Cybersecurity Law: This refers to rules and legislation protecting networks, computer systems, and data from online dangers like malware, breaches of data, and cyberattacks. Legal requirements for disclosing breaches and protecting confidential information might also be included.

Privacy Law: IT law addresses privacy concerns in the modern era, such as the gathering, storing, and utilization of personal data by people, businesses, and governments. Norms like the General Data Protection Regulation (GDPR) in the EU and numerous data protection legislation in various nations are included in this category.

Intellectual Property Law: IT law deals with matters of intellectual property in the digital sphere, including trademark, copyright, and patents as they apply to software, digital material, and inventions in the IT industry.

E-commerce and Electronic Contracts: This area of IT law deals with the legal implications of online operations, e-commerce regulation, and consumer protection as well as resolution of disputes.

Internet Governance: Cyber law may include discussions regarding domain name registration, the internet service provider’s responsibility for content stored on their platforms, and internet governance.

Cybercrime: IT law deals with illegal behaviors that take place in the digital sphere, like cyberbullying, online harassment, e-commerce fraud, and other illegal tech-related activity.

Regulation of Emerging Technologies: As new technologies like artificial intelligence (AI), blockchain, and self-driving vehicles come into existence, IT law may change to handle the regulatory and legal issues brought about by these advancements.

International and Cross-Border Legal Issues: International cybersecurity and data protection treaties and agreements are among the complicated legal issues that IT law frequently deals with.

Another area of IT law that is frequently governed by accessibility rules and regulations is making sure that internet services and information are accessible to people with impairments.

The Turkish legal system addresses concerns relating to government monitoring, data access by the authorities, and data retention regulations, frequently to guarantee public safety and national security.

Electronic Signature and Identification: Turkey’s “Electronic Signature Law” establishes a regulatory structure for the use of digital signatures, which are necessary for carrying out a variety of secure electronic transactions.

Cyber Crimes & Legal Sanctions:

The used Turkish Criminal Code Numbered 5237 (“TCC”), which was published on June 1, 2005, has some provisions involving cybercrimes. Cybercrimes are recognized as crimes carried out via electronic or technological means, and they are punished. The study’s topics include the TCC’s provisions, legal analyses of how to commit the crimes of “Access to Data Processing Systems,” “Hindrance or Destruction of The System, Deletion or Alteration of Data,” “Improper Use of Bank or Credit Cards,” and “The Crime of Using Banned Devices or Programs,” as well as the penalties that will be imposed if a crime is committed.

Even though no legislation has been drafted expressly on cybercrime, measures connected to these offenses have been incorporated to existing statutes. In fact, the legislation implemented in Turkey in informatics has largely been comforted by the laws, declarations, and other rules governed by the European Union (EU). Although several laws have been created in numerous nations treating each cybercrime separately, in Turkey, the only laws that pertain to cybercrime are those that are covered by the TCC.

Access to Data Processing System

Article 243 of the TCC titled “Access to Data Processing System “;

 “(1) Any person who unlawfully enters a part or whole of data processing system or remains there is punished with imprisonment up to one year, or imposed punitive fine.

 (2) In case the offenses defined in the above subsection involve systems which are benefited against the charge, the punishment to be imposed is increased up to one half.

 (3) If such an act results in deletion or alteration of data within the content of the system, the person responsible for such failure is sentenced to imprisonment from six months up to two years.

(4) Any person who unlawfully monitors data transfers within or between a data processing system or between data processing systems using technical means without accessing the system is punished with imprisonment from one to three years.”

 If these kinds of crimes occur in our nation, they can be proven by witness testimony as well as technical examinations by qualified experts in the field of informatics, depending on the type of crime and how it was committed.

 Along with to all of this, we would like to emphasize that cybercrimes are not considered to be “offenses prosecuted on the complaint” or “conciliation” in Turkey, and the waiving of a victim’s complaint will not stop the investigation of the crime.

Hindrance or Destruction of The System, Deletion or Alteration of Data

In article 244 of the TCK titled “Hindrance or Destruction of The System, Deletion or Alteration of Data”

The phrase “destroying or altering data in the information system” should be understood in the context of this clause; it refers to the obstruction, destruction, or alteration of the data that has been registered in the system by the beneficiary who is entitled to use it. The phrase “blocking the information system or making it inaccessible” means to restrict the beneficiary from accessing his or her own data processing system and/or to make that system inaccessible. The phrase “disrupting the data processing system” should be understood to mean preventing or interfering with the operation of the system that processes information in accordance with its technological infrastructure.

Improper Use of Bank or Credit Cards

The phrase “destroying or altering data in the information system” should be understood in the context of this clause; it refers to the obstruction, destruction, or alteration of the data that has been registered within the system by the beneficiary who is entitled to use it. The phrase “blocking the information system or making it inaccessible” means to restrict the beneficiary from accessing his or her own data processing system and/or to make that system inaccessible. The phrase “disrupting the data processing system” should be understood to mean preventing or interfering with the operation of the system that processes information in accordance with its technological infrastructure.

In addition to all of these, the unauthorized use of bank or credit cards in accordance with the guidelines for the handling and protection of private information under the purview of the Electronic Communication Law (ECL), numbered 5809 (“ECL”), is another concern.

The Crime of Using Banned Devices or Program:,

In the TPC, offenses committed while using “prohibited devices or programs” are subject to distinct regulation. in addition to;

“A device, computer program, password, or other security code; who manufacture, import, ship, transport, store, accept, sell, put on sale, the person who buys, gives to others, or keeps, shall be punished with imprisonment from one year to three years and also imposed a punitive fine up to five thousand days.”

If a legitimate person benefits unfairly from any of the above-described cybercrimes, it has been agreed to impose extra security measures in accordance with other laws of our nation.

Conclusion:

In conclusion, IT law serves as an essential framework within the Turkish legal system for addressing the changing opportunities and difficulties brought on by technology and digitizing. This broad sector, which reflects Turkey’s efforts to modernize its legal system, includes topics like privacy, cybersecurity, e-commerce, trademarks, and online governance, among others.