Cyber attacks pose one of the most serious operational threats to companies doing business in Turkey. From ransomware and phishing schemes to advanced persistent threats (APT) and data leaks, cybercrime not only endangers commercial continuity but also creates legal liability under Turkish criminal law, data protection regulations, and sector-specific compliance frameworks.
At ER&GUN&ER Law Firm, we advise Turkish and foreign companies on how to legally protect their IT systems, reduce their cybersecurity exposure, and comply with applicable legislation. Our English Speaking Turkish Lawyers design and implement comprehensive legal and procedural measures that help prevent, detect, and respond to cyber threats. As the best lawyer firm in Turkey for technology law and data security, we turn legal risk into resilience for our clients in finance, e-commerce, healthcare, logistics, and beyond.
Cyber Attacks and Legal Definitions in Turkish Law
Cyber attacks are not defined in one single Turkish statute, but rather addressed across multiple legal frameworks including the Turkish Penal Code (TCK), the Law No. 5651 on Internet Crimes, and the Law No. 6698 on Personal Data Protection (KVKK). Key cyber-related offenses under TCK include:
- TCK Article 243: Unauthorized access to an information system
- TCK Article 244: Disrupting or destroying data systems
- TCK Article 245: Unauthorized use of banking or payment data
- TCK Article 136: Illegal collection or dissemination of personal data
Our Turkish Law Firm helps clients analyze whether a cyber event constitutes a criminal offense, file complaints with cybercrime units, and initiate lawsuits against hackers, insiders, or negligent third-party vendors.
Common Cyber Threats Faced by Turkish Companies
Corporate entities in Turkey regularly encounter:
- Ransomware attacks: Malware locks company systems and demands payment in cryptocurrency
- DDoS attacks: Overload of servers and business interruptions
- Data breaches: Customer or employee information stolen or leaked
- Phishing attacks: Email-based schemes targeting finance teams or directors
- Insider threats: Departing employees copying databases or IP
Our English Speaking Turkish Lawyers work alongside IT teams to create internal incident response policies, data breach protocols, and forensic investigation checklists aligned with Turkish law.
Legal Obligations Under KVKK for Cybersecurity Incidents
The Personal Data Protection Law (KVKK) imposes strict duties on companies that store, process, or transfer personal data. Following a cyberattack, the data controller must:
- Notify the Data Protection Authority (KVKK Kurumu) within 72 hours
- Inform affected individuals whose data may have been compromised
- Document the cause, scope, and containment measures
- Maintain logs of security breaches and improvements
Failure to meet these requirements may result in administrative fines up to 5,971,989 TRY (2025) and even criminal investigation under TCK Article 136. Our Turkish Law Firm assists clients with immediate response, official notifications, and mitigation strategy under data breach law.
Legal Risk Allocation in IT and Cybersecurity Contracts
One of the most effective legal tools to manage cyber risk is the inclusion of precise terms in your IT vendor contracts. This includes service-level agreements (SLA), cloud storage contracts, payment system integrations, and outsourced cybersecurity services. Key clauses include:
- Data protection obligations with liability triggers
- Audit rights and compliance reports
- Notification duties in case of suspected breaches
- Insurance requirements for data liability
- Indemnity clauses for damages due to IT vendor fault
Our English Speaking Turkish Lawyers draft cybersecurity contract frameworks, advise on liability allocation, and assess existing agreements for legal enforceability under Turkish law.
Litigation and Regulatory Consequences of a Cyber Attack
Following a cyberattack, your company may face lawsuits, regulatory investigations, and criminal complaints. Consequences may include:
- Civil lawsuits from customers or partners alleging negligence
- Fines by the KVKK or Central Bank for data or payment breaches
- Reputational harm and public trust damage
- Criminal prosecution if company negligence facilitated the breach
Our Turkish Law Firm defends clients in KVKK proceedings, tax authority audits, and commercial litigation arising from cyber-related disruptions. We also initiate lawsuits against third parties responsible for security failures.
FAQ: Cyber Attack Law and Protection in Turkey
- Q1: What laws apply to cyber attacks in Turkey?
Turkish Penal Code, Law No. 5651 on Internet Crimes, and KVKK on data protection. - Q2: Is my company responsible if customer data is leaked?
Yes. Data controllers have strict liability unless they can prove adequate security measures. - Q3: What if the attack came from abroad?
International IP tracking and cooperation with the Cybercrime Unit can be initiated via complaint. - Q4: Do I have to report a cyber breach?
Yes. KVKK requires notification to the Authority and affected individuals within 72 hours. - Q5: Can we sue the IT provider?
Yes, if negligence or breach of contract caused or enabled the incident. - Q6: Are there any required cyber audits in Turkey?
Not yet mandatory by law, but strongly recommended in regulated sectors like banking, telecom, and e-commerce. - Q7: Can we be fined for phishing attacks?
Yes, if inadequate email protections or employee training contributed to the breach. - Q8: What if a former employee leaked internal data?
Civil and criminal cases for unauthorized access and breach of trust can be initiated. - Q9: What is the penalty for illegal access to data?
Under TCK Article 136, prison sentence of 1–4 years may be imposed. - Q10: How can a Turkish Law Firm assist?
We offer preventive audits, response plans, contracts, notifications, defense, and full litigation support.
Partner with a Turkish Law Firm to Build Legal Cyber Resilience
Cybersecurity is no longer just an IT problem—it is a legal necessity. Failure to anticipate and respond properly to cyber threats can expose your business to regulatory penalties, financial loss, and irreversible reputational damage. Legal preparedness is now as important as firewalls and encryption.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers build legal security frameworks to help you prevent, manage, and recover from cyber attacks. As the best lawyer firm in Turkey for cyber law and IT compliance, we protect your business not only against hackers—but against legal uncertainty.