Legislative Regulations in the Field of Cybersecurity in Turkish Law

In Turkish law, legal regulations concerning cybersecurity hold significant importance. These regulations aim to protect digital networks and information systems, combat cyberattacks, and prevent criminal activities. Legal frameworks related to cybersecurity in Turkey are defined by the Constitution, Laws, Regulations, and international agreements. The foundational basis of these legal frameworks is the protection of individuals' rights in digital networks and information systems. Consequently, Turkish law includes various regulations addressing the prevention, detection, investigation, and punishment of cyberattacks and cybercrimes. The Turkish Criminal Code, the Cybercrimes Law, and regulations published by the Information Technologies and Communication Authority encompass legal provisions related to cybersecurity.

These regulations specifically cover the punishment and prevention of various types of cybercrimes, including cyber-attacks, phishing, data theft, and ransomware. Additionally, they address topics such as data security, authorization, and methods of intervention in cyber incidents. Turkey places significant emphasis on international collaboration in cybersecurity. Consequently, legal regulations align with international agreements and European Union directives. Turkish laws are effectively structured to comply with international standards and promote international cooperation.

When discussing cybersecurity, ensuring data security is paramount. Data security has become increasingly crucial due to the growing digitalization and internet usage. Safeguarding access to individuals' and institutions' data and protecting against unauthorized access, data theft, and data loss are the primary goals of data security measures. Data security measures aim to prevent unauthorized access, data theft, and data loss through various precautions and methods. Protecting personal and sensitive information of individuals and institutions is vital, considering the potential consequences of data breaches. Statistics underline the growing importance of data security, especially considering the increasing number of data breach incidents globally. In 2020 alone, 3,950 data breach incidents were reported worldwide, affecting approximately 37 billion records. These breaches pose threats not only to individuals' personal information but also to critical data such as commercial information and national security data.

In light of the aforementioned considerations, companies must take substantial measures to counter the escalating cybersecurity threats. Cybersecurity stands as a primary and critical element in international trade. The Council of Europe's Convention on Cybercrime, adopted in 2001, is one of the most crucial international agreements in the field, encouraging cooperation among countries to combat cybercrimes. Turkey has become a party to numerous international agreements related to cybersecurity and has established a legal framework with the Cybersecurity Act.

One recommendation for companies to mitigate the risk of cyberattacks and potential damages resulting from cybersecurity vulnerabilities is to obtain cybersecurity insurance. Cybersecurity insurance policies provide financial protection against risks such as data breaches, ransomware attacks, reputation loss due to cyber-attacks, and legal challenges. These insurance policies are considered a significant financial tool and are becoming an integral part of businesses' cybersecurity strategies. Insurance companies should offer cybersecurity insurance policies in line with current regulations more often. However new legal actions could be taken may be more effective solution. Large companies and financial institutions, in particular, utilize cybersecurity insurance to reduce risks and provide financial protection against potential losses.

In conclusion, legal regulations in Turkish law regarding cybersecurity aim to protect digital networks, combat cybercrimes, and promote international cooperation. These regulations focus on preventing, detecting, and punishing cyberattacks. Turkey is actively taking steps to secure the digital world by providing an effective legal framework at both national and international levels.

Ahmet SEYHAN

Attorney at Law