In the present era of digitalization, building a website in Turkey has shifted from being a discretionary choice to becoming an indispensable requirement. Yet, more than focusing on the visual and operational aspects is needed when initiating a website in Turkey, especially for companies and brands. As technology changes and develops, legal obligations in this area may also change. For this reason, it is essential always to be aware of the regulations, rule changes, and innovations in this field. This article will explore all the legal requirements for building a website in Turkey.
Legal Obligations for Website Owners in Turkey
If you consider building a website in Turkey, you may wonder, “How do you build a website in Turkey?” Creating a website in Turkey can be challenging and time-consuming since when you build a website, you need to consider various requirements and legal responsibilities. Website proprietors are subject to specific duties and accountabilities as Turkish statutes and regulations dictate. From data protection to compliance with KVKK, we have explained all the necessary information in the following sections.
Turkish information technology law is the set of rules governing the use of technology in particular areas, like data security and privacy. For this reason, a qualified Turkish information technology lawyer should handle this kind of legislation. Our Turkish lawyer firm, Istanbul Lawyer Firm, provides you with legal consultancy in Turkish information law. Our experienced, skilled, and English-speaking lawyers in Turkey can help you in several areas, such as consultancy about laws regarding censorship or problems with copyright violations on the internet.
Data Protection and Privacy Laws
In Turkey, compliance with data protection and privacy laws is essential for safeguarding user privacy and security when developing a website. The Turkish Personal Data Protection Law (KVKK) dictates the use and dissemination of personal data. To adhere to KVKK regulations, website operators must secure explicit user consent before gathering and operating their personal information while building a website in Turkey. Also, ensuring the prevention of unauthorized access, alteration, or deletion of user data necessitates the adoption of suitable security protocols.
E-Commerce Regulations
As e-commerce apps expanded and technology improved, it became imperative to create a legislative framework governing this sector; therefore, the e-commerce law was enacted. In the first version of the e-commerce law, intermediary service providers were not required to monitor the content submitted by actual or potential users of their platforms nor to look into any questionable activities or circumstances involving the content and the goods or services that were covered by it, in line with the Internet law's guiding principles. However, under the new law, the intermediary service provider is not liable for the illegality of the service provider's content unless there is a provision in another law that states otherwise while building a website in Turkey.
Content Management and Censorship
The fact that the website's content has to comply with relevant Turkish legislation is one consideration while creating a website in Turkey. For instance, hate speech, support for terrorism, and encouragement to violence cannot be published on a website. Also, websites that violate Turkish regulations or contain unlawful content may have access to them blocked by the Turkish government. Owners of websites need to take caution to ensure legal compliance and avoid problems while building a website in Turkey.
Compliance with KVKK (Personal Data Protection Law)
KVKK applies to all websites that are operated in Turkey. The purpose of KVKK is to protect individuals' basic rights, especially the right to privacy when it comes to processing personal data, and provide rules, guidelines, and duties that individuals or legal persons handling personal data must follow.
When building a website in Turkey in compliance with KVKK, personal data collection, processing, and storage should align with clear, understandable, and acceptable goals. Users must be informed transparently about the purpose of their data usage. In addition, measurements need to be implemented to safeguard personal data from unauthorized access, disclosure, alteration, or destruction. Thus, applying appropriate organizational and technical safeguards to protect personal data on the website is imperative.
Corporations with the Obligation to Build a Website
Article 1524 of The Turkish Commercial Code governs the requirement for building a website in Turkey. Under the terms of the article, capital companies subject to audit under the fourth paragraph of Article 397 of the Law must establish a website within three months of their organization's registration date in the trade registry. A specific section of this website must be dedicated to publishing any announcements that the company is legally required to make.
You can reach our previous article from https://istanbullawyerfirm.com/blog/third-party-due-diligence-in-turkey