IT Law

IT law is a broad field of law that covers legal processes related to the internet, digital systems, personal data, social media, electronic commerce, software, digital evidence and cyber crimes. As the place of technology in daily life and commercial activities increases, the importance of information technology law also increases.

Due to the density of e-commerce, finance, software, digital marketing, social media and online service sectors in Istanbul, IT law disputes frequently come to the fore. Legal support in this area can prevent serious loss of rights for both individuals and companies.

What is IT Law?

Information technology law is the field of law that regulates legal relations and disputes that arise in the digital environment. Transactions made over the internet, crimes against information systems, personal data breaches and digital content are evaluated within this scope.

This field is not limited to criminal law. Private law, commercial law, consumer law, intellectual property law, protection of personal data and internet publications are also important parts of IT law.

What Areas Does IT Law Cover?

Information technology law touches many different areas where technology is used. For this reason, the nature of the dispute must be determined correctly in each file.

What Does an IT Law Lawyer Do?

The IT law lawyer determines the legal nature of disputes arising in the digital environment and carries out the process to protect the client's rights. The victim may file a criminal complaint, content removal, compensation claim or data breach applications.

For the suspect or defendant, the legality of digital evidence, criminal nature, reliability of IP and log records, personal data processing processes and defense strategy are evaluated. In these files, technical information and legal evaluation should be carried out together.

Cyber ​​Crimes

Cyber ​​crimes are crimes committed using information systems, the internet, digital devices or electronic data. These crimes may be directly aimed at the information system, or the information system may only be used as a tool for the crime.

TCK Article 243 regulates the crime of breaking into the information system, TCK Article 244 regulates the crime of blocking, disrupting the system, destroying or changing data, and TCK Article 245 regulates the crime of misusing bank or credit cards. Depending on the concrete incident, fraud, blackmail, threats, insults or personal data crimes may also come to the fore.

Crime of Breaking into Information System

The crime of hacking into an information system may occur by unlawfully accessing or remaining in an information system. Unauthorized access to a social media account, e-mail account, company system or digital platform account can be considered in this context.

In this crime, who owns the system, how access is achieved, whether a password or security vulnerability is used, and the duration of stay in the system are important. Technical review may be required for each file.

Blocking, Corrupting the System or Changing Data

Preventing the operation of an information system, deleting, changing, making inaccessible or transferring data to another location may have more severe consequences. Deleting company data, disabling the website or changing system records may come to the fore in this context.

In such files, log records, server data, backup records, user authorizations and technical expert review are of great importance. It must be demonstrated with concrete evidence whether the perpetrator actually intervened in the system or not.

Misuse of Debit and Credit Cards

Capturing bank or credit card information, using card information for online shopping, or performing unauthorized transactions with someone else's card has serious consequences in terms of IT law and criminal law.

Bank transactions, IP records, 3D security records, shopping site records, delivery address and camera images are important in these files. It is also examined whether the card holder has consent.

Internet Scam

Internet fraud; It can be processed through methods such as fake advertisement, fake shopping site, fake cargo message, investment promise, bank impersonation or deception via social media. The victim often thinks that he or she is making a transaction with a real person or institution.

In such cases, payment receipts, site links, screenshots, correspondence, phone numbers and bank account information should be kept. Prompt preservation of evidence is important for monitoring the money transfer chain.

Fake Site and Phishing Methods

Fake site fraud is deceiving the victim by pretending to be a real bank, cargo company, e-commerce platform or public institution. With this method, card information, passwords, identification information or direct money transfer can be obtained.

Phishing methods can use SMS, e-mail, social media advertising or messaging applications. You need to save the link, take a screenshot and quickly contact the bank.

Social Media Law

Social media law; It covers legal disputes arising on Instagram, X, Facebook, TikTok, LinkedIn and similar platforms. Insults, threats, violation of privacy, sharing of personal data, fake accounts and account takeovers are common in this area.

Identification of evidence is important because social media content can be deleted quickly. URL, username, date of sharing, screenshot and, if possible, identification of a notary or expert may be effective in the process.

Social Media Account Hijacking

Social media account takeover is taking control by third parties without the consent of the account owner. Requesting money, making fake posts or disseminating personal data after the account is taken over may bring up different crimes.

The victim must retain platform support tickets, login alerts, email notifications, and screenshots. Account recovery and criminal complaint processes can be carried out together.

Protection of Personal Data

Protection of personal data is one of the most important areas of IT law. Identity information, telephone number, address, health data, bank information, IP address and digital traces may constitute personal data.

Companies must act in accordance with KVKK when processing the personal data of their customers, employees and business partners. Information text, explicit consent, data retention policy and data security measures are important in this context.

KVKK Compliance Process

The KVKK compliance process enables companies to make their personal data processing activities lawful. In this process, data inventory, disclosure texts, explicit consent texts, storage-destruction policy and data security measures can be prepared.

KVKK compliance is especially important for companies operating in the fields of e-commerce, health, education, human resources, finance and technology in Istanbul. Data breaches can result in both administrative sanctions and reputational damage.

What to Do in Case of Data Breach?

Data breach is the unlawful capture, sharing, loss or access of personal data to unauthorized persons. In such a case, the scope of the incident must be determined quickly.

For companies, the source of the violation, affected persons, technical measures taken and notification obligations are evaluated. For individuals, it is investigated who uses personal data and for what purpose.

Removal of Internet Content

It may be requested to remove content that violates personal rights, harms private life or is unlawful on the internet. Law No. 5651 contains important regulations regarding publications on the internet and responsibilities regarding these publications.

During the content removal process, the content's URL address, publication date, screenshot and nature of the violation must be clearly identified. Unclear applications may cause the process to take longer.

Access Block

Access blocking may be requested for some internet content. This method comes to the agenda especially in cases of violations of personal rights, privacy of private life or some unlawful contents listed in the law.

Access blocking decisions are evaluated according to the concrete content and severity of the violation. Not every negative or critical content automatically constitutes a reason for access blocking.

E-Commerce Law

E-commerce law regulates the rights and obligations of the parties in sales and service offerings over the internet. Distance sales contracts, preliminary information forms, return processes and consumer complaints are important in this field.

E-commerce companies must arrange their website legal texts, KVKK processes and payment systems in accordance with the legislation. Incomplete legal infrastructure may lead to consumer disputes and administrative sanctions.

Software Law

Software law covers software development, licensing, right of use, source code, maintenance-support services and intellectual property rights. In software projects, the rights of the parties should be clearly regulated by the contract.

Software contracts should have clear delivery date, scope, license type, update, support, confidentiality, intellectual property rights and termination provisions. Unclear contracts can lead to serious disputes at the end of the project.

Domain Name Disputes

Domain name disputes may arise due to trademark, trade name or personal rights infringement. Purchasing a domain name similar to someone else's brand or using a malicious domain name may result in legal disputes.

In such files, the registration date of the domain name, purpose of use, trademark right, trade name and bad faith claim are evaluated together. It is important to protect digital evidence.

Digital Evidence

Digital evidence forms the basis of IT law files. IP records, log records, e-mail, screenshots, social media content, bank transactions, device reviews and server records can be used as evidence.

Digital evidence must be obtained in accordance with the law. Evidence obtained illegally may cause problems in a lawsuit or criminal investigation.

How Should Digital Evidence Be Protected?

Digital evidence can be easily deleted or altered. For this reason, screenshots should be taken, URL information should be stored, date and time information should be recorded, payment receipts should be preserved and notary identification should be made if necessary.

However, it is not right to break into another person's account or record illegally while collecting evidence. The evidence collection process must be carried out in accordance with the law.

The Importance of IP and Log Records

IP and log records can show which connection or system the digital transaction was made through. However, IP recording alone may not always reveal the identity of the perpetrator with certainty.

Device information, user account, transaction time, bank transactions, communication records and other evidence should be evaluated together. Therefore, interpretation of technical evidence requires caution.

Compensation in IT Law

IT law disputes may not only be subject to criminal investigation. Compensation may be claimed due to personal data breach, internet fraud, violation of privacy, loss of reputation or breach of contract.

Monetary compensation may be claimed for direct monetary loss or commercial damages. Non-pecuniary damages may arise in cases of violation of personal rights, damage to reputation or violation of private life.

IT Law Consultancy for Companies

IT law consultancy for companies; KVKK compliance covers e-commerce texts, software contracts, cyber security policies, data breach management and digital platform responsibilities. This area is of strategic importance for companies operating digitally.

Companies must protect the data of their employees, customers and business partners, prepare their website texts correctly and draft their digital contracts in accordance with the law. This approach reduces both the risk of litigation and the risk of administrative sanctions.

IT Law in Istanbul

Since Istanbul is a city where technology companies, e-commerce initiatives, financial institutions, digital agencies and social media activities are intense, IT law disputes are frequent. These disputes often require both technical and legal evaluation.

IT law processes in Istanbul; It can be carried out through prosecutorial applications, criminal courts, civil courts, consumer disputes, KVKK applications and administrative processes. The correct application method should be determined according to the type of dispute.

Legal Support from Attorney Mehmet Emin Kurşun

Correct legal support in IT law files is important in terms of protecting digital evidence and preventing loss of rights. Cyber ​​crimes, internet fraud, personal data breaches, social media disputes and software contracts require technical scrutiny.

Attorney Mehmet Emin Kurşun provides legal support in the fields of IT law, cyber crimes, KVKK, internet content, e-commerce, digital evidence, social media law and software contracts in Istanbul.

Things to Know Before Starting the Legal Process

It is important to act quickly in IT law disputes. Digital evidence can be deleted in a short time, accounts can be closed or data can be changed.

Therefore, screenshots, links, bank receipts, e-mail records, usernames and date information must be protected. For individuals or companies experiencing a problem in the field of IT law in Istanbul, receiving legal support at the beginning of the process reduces the risk of loss of rights.

Frequently Asked Questions

What is IT law?

IT law; It is the field of law that covers legal processes related to the internet, digital systems, personal data, social media, e-commerce, software, digital evidence and cyber crimes.

What subjects does IT law cover?

Cyber ​​crimes, KVKK, internet content, social media law, e-commerce, software contracts, digital evidence and domain name disputes are within the scope of IT law.

Under which articles are cyber crimes regulated?

TCK Article 243 regulates the crimes of entering the information system, TCK Article 244 regulates the crimes of blocking the system or changing data, and TCK Article 245 regulates the crimes of misusing bank or credit cards.

What should I do if my social media account is hacked?

Account URL, username, login alerts, email notifications and screenshots must be stored; Then, the application to the platform and the prosecutor's office process should be evaluated.

Can money be recovered from internet fraud?

Recovering money varies depending on the type of transaction, application time to the bank and the accounts to which the money is transferred. It is important to act quickly.

What is KVKK violation?

KVKK violation is the unlawful processing, sharing, loss or access of personal data to unauthorized persons.

Can internet content be removed?

Removal or access blocking may be requested for internet content that violates personal rights, private life or rights protected by law, if conditions are met.

How should digital evidence be stored?

Screenshots, URL, date-time information, e-mail, bank receipt, username and correspondence must be protected. Evidence must be obtained in accordance with the law.

Why is IT law important for companies?

Companies may face IT law risks due to personal data, e-commerce, software, cyber security, website texts and digital contracts.

Why is IT law lawyer support important in Istanbul?

Digital commerce, social media, finance and technology activities are intense in Istanbul. An IT law lawyer helps manage technical evidence and the legal process correctly.