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Legal insights and articles prepared by Ertuğ & Partners.

Nov 25, 20252025 Q4

What the Turkish Data Protection Authority's Generative AI Guide Changes for Businesses

The Personal Data Protection Authority of Turkey (KVKK) published a comprehensive guide titled "Generative Artificial Intelligence and the Protection of Personal Data (in 15 Questions)" on November 24, 2025. This guide has clarified the usage standards for Generative AI (GenAI) tools like ChatGPT, Claude, and Midjourney, which have become deeply integrated into the daily workflows of companies. Together with the subsequently published "Use of Generative AI Tools in the Workplace" document, these two texts outline the de facto legal compliance framework for businesses in Turkey. Corporate entities are no longer permitted to use GenAI tools haphazardly but must operate under the strict regulations of the KVKK legislation.

KVKKAI

Data Protection and Liability Regime in Agentic AI Systems

While traditional generative artificial intelligence (LLM) systems operate predominantly on a "question-and-answer" logic, agentic AI (autonomous artificial intelligence systems) has moved rapidly to the centre of the corporate agenda. Agentic AI refers to systems capable of making autonomous decisions, calling independent tools (via API integrations), executing multi-step tasks without human intervention, and defining their own sub-tasks to achieve a given objective. In corporate settings, these systems wield massive authority, ranging from issuing invoices and managing employee calendars to executing automatic payments and altering data in CRM systems. This unprecedented level of autonomy creates unique vulnerabilities regarding data protection and liability under Turkish Law, particularly concerning the Code of Obligations and the KVKK (Personal Data Protection Law).

Agentic AIAI Law

03Dec 9, 20252025 Q4

Generative AI in the Workplace: A KVKK Compliance Checklist

The Personal Data Protection Authority’s (KVKK) guide titled "The Use of Generative Artificial Intelligence Tools in the Workplace" and its comprehensive AI framework have clarified the legal expectations for AI systems used daily by institutions and professionals. The overarching message of these documents is clear: fearing errors and outright banning technology is not a solution, because prohibitions breed "Shadow IT": uncontrolled, hidden, and highly unsecure usage. What companies must do instead is integrate these tools into a legal framework through rigorous administrative and technical measures.

KVKKCorporate Compliance

04Feb 12, 20262026 Q1

The 2026 Merger Control Amendments: New Turnover Thresholds and What They Mean for Business

Communiqué No. 2026/2, published in the Official Gazette on 11 February 2026, substantially amended Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board. Thresholds that had lost their function through inflation and nominal balance sheet growth have been brought back into line with the market. The amendments took effect on the date of publication and are expected to ease the M&A market considerably.

Corporate LawM&A

05Feb 19, 20262026 Q1

The Threshold Exception for Technology Undertakings: New Criteria for M&A Planning

The amending Communiqué No. 2026/2 raised the general turnover thresholds in the Turkish M&A market significantly, bringing them into line with inflation. As a result, many mid-market acquisitions now fall outside the approval requirement. The regulator nonetheless preserved the special low threshold created for technology undertakings, while changing its scope.

M&ACorporate Law

06Feb 26, 20262026 Q1

Legal Due Diligence in M&A: The 10 Risks Most Often Missed

In merger and acquisition transactions in the Turkish market, a successful closing depends on thorough legal due diligence. Parties frequently focus on the financial statements and treat legal risk as secondary. But the details that fall outside a standard checklist are precisely the ones that produce unexpected cost for the acquirer after completion.

Due DiligenceRisk ManagementM&A

07Mar 5, 20262026 Q1

EPC Contracts in Renewable Energy Projects: Risk Allocation and Regulatory Compliance

Whether a renewable energy project (solar, wind, geothermal or biomass) is bankable depends on how soundly the EPC (engineering, procurement and construction) contract behind it is structured. An EPC contract is not merely an engineering document; it is where the question of whose shoulders each risk sits on is answered between the investor and the contractor.

Energy LawEPCProject Finance

08May 4, 20262026 Q2

The 10 Most Common Compliance Failures by Energy Investors Before EPDK and Related Authorities

Investing in the Turkish energy sector, particularly in solar and wind, means managing not only substantial technical costs but also a complex permitting process. A procedural error within the matrix of approvals spanning the energy regulator (EPDK), the transmission and distribution operators, the environment ministry and local municipalities can translate into losses running to millions.

Energy LawEPDK InvestmentRegulation

09May 11, 20262026 Q2

The 2026 Rent Increase Cap and Dispute Management in Real Estate (The CPI Limit)

The cap introduced to restrain fluctuations in residential and commercial rents created uncertainty for both sides of the market. Following the expiry of the strict 25% ceiling applied to residential rents between 2022 and 1 July 2024, the market has returned to the standing rules of the Turkish Code of Obligations.

Property LawReal Estate LawRent Determination

10May 18, 20262026 Q2

Late Delivery in Construction Projects: Delay Damages, Loss of Rent and Current Judicial Practice

In real estate and construction law, particularly in land-for-flat agreements and pre-paid housing sales, late delivery remains the most entrenched source of dispute. Whether you are a company investing in a shopping centre development or an individual buying off-plan, a project that does not complete on the promised date causes real financial loss.

Real Estate LawConstruction LawCompensation

11May 25, 20262026 Q2

The Legal Status of Digital Platform Workers: Employees or Independent Contractors? (2026 Review)

The gig economy has created a substantial ecosystem in Türkiye, from food delivery couriers and ride-hailing drivers to freelance developers and translators. It has also revived one of the oldest disputes in employment law: are people who receive work through an application independent contractors running their own business, or employees subject to the platform's algorithm?

Employment LawPlatform EconomyGig Economy

12Jun 1, 20262026 Q2

Employer Obligations in Remote and Hybrid Work: A 2026 Employment Law Risk Map

Remote and hybrid working, which began with the pandemic and has become a permanent model, has unsettled the traditional concepts of workplace and working time. Employers save on office costs, but the flexibility they gain does not translate into flexibility under employment law.

Employment LawRemote WorkHuman Resources

13Jun 8, 20262026 Q2

Algorithmic Management and Employment Law: The Limits of Performance Measurement and the Data Protection Risk

Artificial intelligence and machine learning are now embedded in HR functions, from monitoring employee performance and allocating work to automated termination decisions. Voice and sentiment analysis in call centres, step tracking for warehouse couriers, commit-level metrics for developers and CRM-based sales analytics have produced what is now described as algorithmic management.

Employment LawData ProtectionHuman Resources

14Jun 15, 20262026 Q2

Legal Preparation Before a Funding Round: From the Founders' Agreement to ESOP

A good idea and product-market fit are enough to get angel investors or venture capital funds to the table. But the bridge between signing a term sheet and the money actually reaching the bank account (closing) is built entirely out of legal soundness.

Startup LawFunding RoundsESOP

15Jun 22, 20262026 Q2

The Shareholders' Agreement (SHA): 10 Mechanisms That Protect Founders and Investors

The shareholders' agreement (SHA) is the contract that does most of the work in company law while remaining invisible from the outside. It is not expressly regulated in the Turkish Commercial Code; it is an atypical contract governed by the law of obligations.

Shareholders' AgreementM&AVenture Capital

16Jun 29, 20262026 Q2

Critical Pitfalls in IP and IT Licence Agreements

Whether software, an AI model, a design or a trademark can be used or commercialised by a third party depends entirely on how the licence agreement is structured. In technology law the contract matters more than the code: a mistake in the code produces a bug, a mistake in the contract can hand permanent control of your intellectual property to a competitor.

IT LawLicence AgreementsIntellectual Property (IP)

17Jul 6, 20262026 Q3

Trademark and Patent Portfolio Management in 2026: Corporate Protection and Dispute Resolution

What determines a company's market value today is rarely its factories or its real estate. It is its registered trademarks, algorithms, designs and patents: its intangible assets. Yet many companies in Türkiye still operate on the assumption that registration is the end of the exercise, and lose substantial investments to infringement or to cancellation proceedings brought by competitors.

Intellectual Property (IP)Trademarks and PatentsIndustrial Property Law

18Jul 13, 20262026 Q3

Reducing the Risk of Rejection in Türkiye: Residence Permits, Work Permits and Citizenship Applications

Its geographic position and economic opportunities bring hundreds of thousands of foreign investors, skilled professionals and property buyers to Türkiye each year. In recent years, however, particularly as immigration policy has tightened over the 2024-2026 period, rejections of residence permit, work permit and exceptional citizenship applications have risen markedly, often because of a missing document or inadequate legal groundwork rather than any substantive shortcoming.

Immigration LawCitizenship (CBI)Residence Permits

19Jul 20, 20262026 Q3

Medical Malpractice in Healthcare Law: A Defence and Prevention Framework for Institutions and Physicians

With the growth of health tourism in Türkiye and the global increase in cosmetic procedures, medical malpractice claims have become the single largest legal and financial exposure carried by hospitals and physicians.

Healthcare LawMedical MalpracticeCompensation

20Jul 27, 20262026 Q3

Leaving the Courts Behind in Commercial Disputes: The Rise of Mediation and Arbitration (ADR)

It is no secret that Türkiye's administrative and commercial courts are operating under a heavy caseload. A commercial claim or a declaratory action typically takes three to five years to run from first instance through to a final decision. In an inflationary environment, that delay erodes the time value of money and leaves even the successful party materially worse off. Justice arrives, but late.

Commercial LawAlternative Dispute Resolution (ADR)Arbitration

21Aug 3, 20262026 Q3

Company Formation in Türkiye: A Comparative Structuring Analysis for Foreign Investors and Holdings

With its large domestic market, its geostrategic position between Europe and Asia and its dynamic trade volume, Türkiye is a significant destination for foreign direct investment. Under Law No. 4875 on Foreign Direct Investment, foreign investors, whether offshore funds or individuals, are as a rule treated equally with Turkish investors in company formation and commercial activity. That principle of equal treatment is broad, but it is not absolute: sector-specific restrictions in areas such as real estate acquisition, maritime transport, civil aviation and broadcasting must be assessed separately.

Corporate LawForeign Direct Investment (FDI)Company Formation Türkiye

22Aug 10, 20262026 Q3

A Survival Guide for Startup Founders: 11 Costly Mistakes Made Before the First Funding Round

The formula behind technology ventures that reach billion-dollar valuations is not flawless code or a genuinely disruptive idea alone. In practice, success is measured by how solidly the founders built the company's legal foundation before letting investors in.

Startup LawVenture CapitalCorporate Strategy

23Sep 23, 20262026 Q3

On the KVKK's new guidelines for lawyers: the legal and practical dimensions of data controllership, AI use and cross-border data transfers

The "Guidelines on the Protection of Personal Data in the Professional Activities of Lawyers", prepared by the Personal Data Protection Authority (KVKK) with the opinions and contributions of the Union of Turkish Bar Associations, were announced to the public on 22 September 2026. In this article I will try to assess the main findings of the 158-page guidelines and the issues that, in my view, they do not sufficiently address.

KVKKLegal ProfessionAI