As artificial intelligence (AI) and automation technologies become increasingly integrated into business operations, legal systems across the world are grappling with the question of accountability. In Turkey, the adoption of AI in sectors such as manufacturing, logistics, finance, and healthcare has sparked urgent discussions around liability, compliance, and ethical use. Unlike traditional tools, autonomous systems can make decisions, interact dynamically with environments, and even evolve through machine learning. This challenges existing laws designed around human behavior and direct control. A trusted Turkish Law Firm with expertise in technology law is essential to ensure legal clarity and business continuity when deploying or investing in AI-based systems in Turkey.
AI and the Turkish Legal Framework: A Regulatory Gap
Turkey does not yet have a comprehensive legal framework specifically regulating artificial intelligence or robotic automation. The absence of sector-specific legislation means that existing laws such as the Turkish Code of Obligations, the Turkish Commercial Code, and the Consumer Protection Law are applied by analogy. In case of damages caused by AI systems, liability typically falls under product liability or tort principles. However, questions remain: Who is liable when an AI tool makes a harmful decision? Is it the developer, the user, the vendor, or the owner of the system? These grey zones make it critical for businesses to structure usage agreements and compliance policies in collaboration with a knowledgeable English speaking lawyer in Turkey who can bridge the gap between innovation and regulation.
Strict Liability vs. Negligence: How AI Cases Are Handled
In the absence of AI-specific statutes, Turkish courts tend to rely on principles of fault-based liability and, in some cases, strict liability. Under Article 49 of the Turkish Code of Obligations, parties are liable for unlawful acts causing damage. However, for AI systems, proving fault can be complex or impossible—especially when algorithms operate autonomously. Therefore, many legal scholars argue for the application of strict liability, similar to hazardous activities or defective products. This is especially relevant in areas like autonomous vehicles, industrial robotics, or automated trading platforms where errors can cause significant material or personal damage. Businesses operating in these fields should work closely with a Turkish Law Firm to draft risk-shifting clauses and liability disclaimers, as well as ensure proper insurance coverage.
Contractual Risk Management for AI Deployments
One of the most effective tools for managing legal uncertainty in AI usage is strong contractual drafting. Businesses deploying AI systems should integrate clauses that address system malfunctions, third-party claims, intellectual property ownership, and update responsibilities. Contractual safeguards should also include liability caps, force majeure carve-outs for AI misjudgments, and obligations for system monitoring. Especially in B2B agreements involving data-driven services, it is essential to clarify who is accountable for AI decisions and under what legal theory. A Turkish Law Firm experienced in IP licensing and service agreements can help structure these terms to avoid disputes and ensure enforceability under Turkish law.
Insurance and Indemnity Solutions for AI-related Risks
Traditional insurance policies may not adequately cover AI-generated damage or algorithmic failures. As a result, companies must seek specialized policies or negotiate bespoke endorsements for automation-related risks. Some insurers now offer cyber liability, tech E&O, and AI-specific coverage that includes software-induced damages, bias errors, or algorithmic misbehavior. Additionally, vendors and system integrators should include indemnification clauses that shift risk to those who design or supply the AI. In Turkey, this structure is gaining ground in smart factory setups and AI-integrated logistics systems. In such high-tech environments, legal counsel from an English speaking lawyer in Turkey ensures proper alignment of contract law with evolving insurance practices. For parallel topics, see our guide on legal compliance for foreign tech startups.
AI in High-Risk Sectors: Healthcare, Finance, and Transportation
In Turkey, the use of AI is rapidly expanding in sectors where human lives, public safety, or financial markets are at stake. For instance, AI-driven diagnostics in healthcare, algorithmic lending in fintech, or autonomous vehicle testing each present unique legal challenges. Regulatory authorities, including the Banking Regulation and Supervision Agency (BRSA), the Capital Markets Board (CMB), and the Ministry of Health, are developing position papers and pilot guidelines. Businesses operating in these fields must ensure that AI systems are not only technically sound but also legally accountable. This means ensuring auditability, data protection compliance under KVKK, and alignment with sectoral codes. Partnering with a Turkish Law Firm that understands cross-regulatory overlaps is essential for organizations aiming to scale responsibly in these innovation-heavy industries.
Future Legal Trends: Toward AI-Specific Regulation in Turkey
As Turkey strengthens its digital infrastructure and moves toward EU legal harmonization, specific AI legislation is expected in the coming years. Inspired by the European Union’s proposed AI Act, Turkish regulators are studying risk-based AI categorization, mandatory impact assessments, and system transparency standards. We anticipate laws requiring registration of high-risk AI applications, algorithm explainability, and developer liability for self-learning behaviors. These trends will reshape how developers, integrators, and end users approach system design and governance. Legal teams must stay ahead of this evolution, especially as Turkey’s technology export sector grows. Collaborating with a forward-thinking Turkish Law Firm will help businesses prepare for the shift from reactive compliance to proactive regulation strategy.
Building a Regulatory Roadmap for AI Adoption
Organizations adopting AI in Turkey should begin with a regulatory roadmap that includes legal risk assessments, contract standardization, and periodic audits. This roadmap should also cover cross-border data flows, localization requirements under KVKK, and cybersecurity incident protocols. Internal compliance teams should be trained to identify algorithmic bias, unauthorized learning, or discrimination risks. For foreign investors or tech companies operating across jurisdictions, this roadmap should be integrated with international compliance systems, such as ISO AI Governance or EU Digital Services Act alignment. A Turkish Law Firm with international reach ensures this roadmap is not only locally compliant but also globally resilient. To learn how we support long-term tech strategy, see our page on Legal Compliance for Tech Startups in Turkey.
Frequently Asked Questions (FAQs)
- Is AI regulated under Turkish law? Not yet specifically. Existing rules apply through tort, contract, and product liability laws.
- Who is liable if an AI system causes damage? Depending on the case, the owner, developer, vendor, or operator may be liable. Contracts are key.
- Can I shift liability to AI vendors? Yes, through well-drafted indemnity and warranty clauses with legal assistance.
- Does Turkish law recognize algorithmic fault? Indirectly. Courts may apply strict liability for complex automated systems.
- Can AI decisions be challenged in court? Yes, especially if the decision affects consumer rights or results in harm.
- What insurance covers AI failures? Cyber liability and tech errors & omissions (E&O) insurance may be available with tailored clauses.
- How should I prepare legally for AI deployment? Conduct a legal audit, standardize contracts, and consult a Turkish Law Firm.
- Is Turkey planning new AI regulations? Yes. Drafts are in progress, likely to mirror EU-style frameworks with local adaptation.
Contact Our Turkish Law Firm
If your company is developing, integrating, or operating artificial intelligence in Turkey, legal clarity is essential. At ER&GUN&ER Law Firm, our English speaking lawyers in Turkey help tech businesses stay compliant, manage risk, and structure safe deployments. Whether you need contracts, audits, regulatory interpretation, or representation in disputes, our team is ready to support your innovation securely and legally. Reach out today for a consultation tailored to your business model and technological footprint.