Artificial intelligence (AI) has transformed many aspects of legal operations—including contract drafting. With the rise of large language models and smart contract generators, companies are increasingly turning to AI tools to create commercial agreements, NDAs, employment offers, and even cross-border M&A documentation. While this trend improves speed and cost efficiency, it also introduces new legal questions, particularly in civil law jurisdictions like Turkey. Are AI-generated contracts legally binding? Who bears responsibility for errors? Can terms be enforced if neither party reviewed the final output in detail? These are no longer theoretical questions—they are becoming real legal risks that companies and legal professionals must proactively address.
At ER&GUN&ER Law Firm, our English speaking Turkish lawyers advise both local and foreign businesses on the legal implications of using AI in contract creation. As a best lawyer firm in Turkey for legal tech advisory, we guide clients on the enforceability of automated agreements, liability for AI-drafted terms, and how to comply with Turkish contract law when relying on machine-generated content. Whether you use AI internally, license SaaS-based contract tools, or outsource to legaltech startups, understanding your exposure is critical before signing anything that came out of an algorithm.
Are AI-Generated Contracts Valid Under Turkish Law?
Turkish law recognizes the freedom of contract, meaning parties are generally free to define their own terms unless prohibited by law. This includes contracts drafted by non-lawyers—or even non-humans. In principle, there is no legal requirement that a contract be written by a human to be enforceable. However, this does not mean that all AI-generated contracts are automatically valid. For a contract to be enforceable under Turkish law, it must satisfy three main conditions: mutual consent (irade beyanı), lawful subject matter, and legal capacity of the parties. If an AI tool produces an agreement that contains conflicting terms, ambiguous clauses, or violates mandatory provisions of Turkish law, the contract may be partially or wholly invalidated.
Our Turkish Law Firm helps clients review AI-generated contracts for compliance with Turkish contract law principles. We evaluate enforceability, fix structural inconsistencies, and issue legal opinions on whether the agreement meets local standards. We also advise on how to label and document AI-assisted drafting processes to avoid future challenges regarding authorship, intention, or knowledge of the content. These are essential steps to mitigate legal risks in automated contract workflows in Turkey.
Liability and Risk Allocation in AI-Generated Agreements
One of the most complex issues in AI contract law in Turkey is determining who bears legal liability if an AI-generated clause causes confusion, financial loss, or legal invalidation. Is it the company using the AI? The software vendor? The in-house lawyer who clicked “accept”? Under current Turkish law, responsibility still rests with the human actors involved—typically the party that used the AI tool to generate or approve the contract. There is no statutory immunity for decisions made based on AI output. If the contract fails, liability may arise under breach of contract, negligence, or even professional misconduct in regulated industries.
At ER&GUN&ER Law Firm, our English speaking Turkish lawyers help clients define internal review protocols, contract approval hierarchies, and documentation standards to minimize AI-related legal risk. We draft disclaimers, platform terms, and supervisory policies that clarify the boundaries between automation and human legal accountability. As a Turkish Law Firm focused on tech and risk, we ensure that innovation does not come at the cost of enforceability or exposure.
Will Turkish Courts Enforce AI-Generated Contracts?
The answer is: it depends. Turkish courts look primarily at the parties’ intent, the validity of consent, and the clarity of the terms. If an AI-generated clause is found to be vague, unfair, or contrary to Turkish law (e.g., a liability waiver that violates consumer protection), the court may strike down that clause or the entire agreement. Moreover, if neither party can demonstrate who authored or approved a disputed clause, the court may question whether there was mutual consent at all. This puts extra pressure on companies to maintain logs, version history, and human oversight of any AI-involved drafting process.
We assist clients in documenting their AI-assisted contract flows—capturing decision-making trails, storing draft versions, and integrating AI output into traditional legal workflows. Our goal is to ensure that if a contract ends up in court, it can be defended as a deliberate, lawful, and enforceable agreement—not a blind output of a black box algorithm.
Emerging Regulation of AI in Legal Services
While Turkey does not yet have a dedicated AI law, the European Union’s Artificial Intelligence Act and OECD principles are influencing policy discussions. As of 2025, Turkish regulators are examining how AI affects consumer rights, data protection, and professional liability. The Turkish Bar Association has issued advisory notices warning lawyers against relying too heavily on unvetted AI tools. Companies that ignore these developments may face enforcement under KVKK, consumer law, or unfair competition rules.
We monitor these regulatory shifts and advise clients on AI governance, product liability, and ethical boundaries in legal tech. As a best lawyer firm in Turkey for emerging technologies, we help clients design AI strategies that are legally sound and reputationally secure.
Frequently Asked Questions (FAQs)
- Are AI-generated contracts legal in Turkey? Yes, as long as they meet standard requirements for validity. But poor drafting or ambiguity can undermine enforceability.
- Who is responsible for an AI-generated contract error? The company or individual using the AI tool, unless otherwise specified. Vendors may also share liability under Turkish tort law.
- Can AI draft enforceable commercial contracts? Potentially yes, but human legal review is strongly recommended before signing.
- Is AI considered a legal person in Turkey? No. Turkish law does not recognize AI systems as legal entities. All responsibility falls on human parties.
- Can AI-generated terms be challenged in court? Yes. Courts may annul clauses that are unclear, unfair, or inconsistent with mandatory law.
- Do I need to disclose AI use in contracts? Not legally required yet, but transparency may help defend against bad faith or misunderstanding claims.
- Can I sue an AI platform for a bad clause? Possibly, under product liability or professional negligence—especially if the platform markets itself as legally accurate.
- Does Turkish consumer law apply to SaaS contract tools? Yes, if used by individual consumers or SMEs. B2B contracts may be treated differently.
- Are AI contracts recognized in international arbitration? Recognition depends on clarity and enforceability, not drafting method. But AI use should be disclosed if relevant to dispute.
- How can a Turkish Law Firm help? We review AI-generated contracts, mitigate liability, develop internal governance, and represent you in disputes related to automated agreements.
Use AI Intelligently—But Back It with Legal Strategy
AI is changing how contracts are created—but it doesn’t eliminate the need for legal judgment. In fact, it increases the importance of human oversight, especially in jurisdictions like Turkey where contract law is built on nuance, intent, and statutory boundaries. As companies accelerate adoption of AI in legal workflows, they must ensure that innovation does not outpace compliance. A poorly drafted, AI-generated contract might seem efficient today—but become a legal headache tomorrow. From authorship disputes to regulatory scrutiny, the risks are real and growing.
At ER&GUN&ER Law Firm, our English speaking Turkish lawyers provide comprehensive legal support for AI-involved contracting. We help you design internal review protocols, draft AI disclaimers, integrate human validation, and defend your business if automated documents are challenged. As a forward-looking Turkish Law Firm, we help you harness the power of AI while minimizing liability and maximizing legal enforceability. Don’t treat contracts as code alone—treat them as legal instruments built for real-world scrutiny.