Practice Area
Privacy, Technology & the Regulatory Infrastructure of Data
Data has become one of the most heavily regulated assets in any business. Obligations arising from data protection law now reach into every operational domain — product design, vendor contracting, M&A due diligence, cross-border transfers, marketing, HR systems and AI deployment. New frameworks on artificial intelligence, digital services, cybersecurity and platform liability are introduced at a pace that legal and compliance teams must absorb without slowing the underlying business. The organisations most exposed span every sector: technology companies and platform operators, financial institutions, healthcare and life sciences businesses, telecommunications providers, e-commerce operators, manufacturers and professional services firms.
Mermeroglu Legal advises corporates, technology operators, platform businesses and financial institutions on the full scope of data protection and technology law — from KVKK compliance programmes and GDPR exposure assessments to AI governance frameworks, cybersecurity incident response and technology transaction structuring. Mandates in this practice area are treated as a continuous advisory relationship rather than a transactional output: data protection obligations operate on a live operational cadence, and the organisations best served are those whose counsel holds the product, processing and organisational context across engagements.
Legal Framework
Three Foundational Dimensions
Personal Data & Privacy Compliance
Data protection compliance is not a one-time project — it is a continuous operational obligation. The allocation of controller and processor responsibilities, the legal basis for each processing activity, data subject rights handling, retention and deletion policies, and vendor management under data processing agreements must be maintained and updated as the business evolves. In Türkiye, Law No. 6698 (KVKK) — substantially amended in 2024 to align cross-border transfer rules with the EU framework — governs all processing of personal data of individuals in Türkiye, regardless of where the data controller is established. GDPR applies extraterritorially to any organisation offering goods or services to, or monitoring the behaviour of, EU data subjects.
Technology Regulation & AI Governance
An organisation deploying AI, operating a digital platform or providing cloud infrastructure faces a layered regulatory stack that no single jurisdiction governs exclusively. The EU AI Act (in phased application from 2025) imposes risk-based obligations on AI system providers and deployers, including high-risk system requirements, transparency mandates and prohibited-use assessments. The Digital Services Act and Digital Markets Act impose distinct obligations on intermediary services, online platforms and designated gatekeeper platforms. The NIS 2 Directive expands cybersecurity obligations across essential and important sectors. An organisation serving Turkish and European users may simultaneously face KVKK enforcement obligations, GDPR regulatory exposure, DSA intermediary requirements and AI Act compliance obligations — each requiring a coherent cross-framework response.
Technology Transactions & Data Assets
Technology operations and data-driven businesses rely on complex contractual frameworks — software licences, SaaS service agreements, API access terms, cloud service arrangements, IT outsourcing agreements and data sharing arrangements. Each instrument must reflect current regulatory requirements: data processing obligations, AI Act provisions, platform liability rules, cybersecurity contractual allocation and cross-border enforcement considerations. Technology M&A and investment transactions require structured due diligence across data asset ownership, processing compliance status, cross-border transfer validity, KVKK and GDPR registration and enforcement history, AI deployment risk and product liability exposure. Data assets frequently represent a principal component of technology transaction value.
Service Areas
KVKK Compliance & Advisory
Full-scope KVKK compliance programmes: processing inventory and lawfulness assessment, privacy policy and notice drafting, data subject rights procedures, VERBIS registration, data processing agreement templates, and advisory on the 2024 cross-border transfer reforms — including the standard contractual clauses and adequacy mechanism frameworks introduced by the amendments to Law No. 6698.
GDPR & Cross-Border Data Transfers
GDPR compliance assessments, records of processing activities (RoPA), Data Protection Impact Assessments (DPIAs), DPO advisory, and cross-border transfer mechanism structuring — including Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs) and Transfer Impact Assessments (TIAs) for Turkish-EU and multi-jurisdictional data flows. Türkiye does not currently benefit from an EU adequacy decision; transfer mechanisms require coordination across both regimes.
AI Governance & Regulatory Compliance
AI regulatory compliance under the EU AI Act risk classification framework: prohibited use assessments, high-risk system conformity obligations, transparency and logging requirements, fundamental rights impact assessments, and governance structures for AI model providers and deployers. Advisory for organisations deploying AI in regulated sectors — financial services, healthcare, HR and law enforcement — where AI Act obligations interact with sector-specific regulatory frameworks.
Cybersecurity & Incident Response
Cybersecurity governance frameworks, incident response planning and breach management — covering regulatory notification obligations under KVKK, GDPR and NIS 2, coordination with supervisory authorities, internal and external communications management, and post-incident remediation. Managed security service provider (MSSP) contract structuring, penetration testing agreements, vulnerability disclosure policy design and cybercrime defence for essential and important sector operators.
Technology Transactions & Licensing
Drafting and negotiation of software licensing agreements, SaaS service agreements, API access terms, cloud service agreements, IT outsourcing and managed service contracts, data sharing arrangements and technology partnership agreements — integrating data processing obligations, liability allocation, AI Act provisions and cross-border regulatory requirements into commercially operable instruments for technology providers and enterprise customers.
Platform & Digital Services Compliance
Compliance structuring for online platforms, digital marketplaces, social networks and intermediary services — including obligations under the EU Digital Services Act (DSA), Digital Markets Act (DMA) gatekeeper requirements, Turkish Law No. 5651 compliance for platforms exceeding one million daily Turkish users, content moderation frameworks, notice-and-action procedures and transparency reporting obligations.
Data Breach Response & Regulatory Investigations
End-to-end management of data security incidents: breach assessment and notification drafting to the KVKK Personal Data Protection Authority and EU supervisory authorities, regulatory investigation defence, authority correspondence and enforcement proceedings. Representation in KVKK administrative proceedings, data subject complaints and cross-border regulatory coordination with EU data protection authorities under the GDPR one-stop-shop mechanism.
Technology M&A & Data Asset Due Diligence
Structured data protection and technology law due diligence in M&A, private equity, venture capital and asset acquisition transactions — covering KVKK and GDPR compliance status, cross-border transfer validity, data processing agreement coverage, VERBIS and supervisory authority registration, enforcement and litigation history, AI deployment risk, IP ownership chain and product liability exposure. Representation in negotiation of data-related warranties, indemnities and conditions precedent.
Data Localisation & Sovereign Cloud
Advisory on data localisation obligations affecting specific categories of data in Türkiye and other jurisdictions — including financial data under BDDK requirements, health data, public sector data and critical infrastructure data. Sovereign cloud and domestic data centre structuring, co-location arrangements and data residency contractual frameworks for cloud providers and regulated enterprises subject to localisation mandates.
Sectors
Sectors Where This Practice is Most Active
Data protection and technology law obligations arise across every sector — but the intensity and complexity of those obligations vary significantly by industry. The sectors below generate the most frequent and structurally complex mandates in this practice area.
- Technology, Software & Platform Operators — SaaS providers, marketplace operators, social networks, cloud infrastructure and fintech businesses face the highest density of overlapping data protection, AI, platform and cybersecurity obligations across multiple jurisdictions simultaneously.
- Financial Institutions & Fintech — banks, payment institutions, insurance companies and fintech operators face KVKK and GDPR obligations alongside sector-specific data requirements under BDDK, BRSA and MiCA frameworks; AI deployment in credit scoring, fraud detection and customer services raises high-risk AI Act exposure.
- Healthcare & Life Sciences — processing of special category health data under KVKK and GDPR triggers heightened obligations; clinical research data, patient portal design, electronic health records, AI diagnostic tools and telemedicine platforms each require tailored compliance frameworks.
- Telecommunications & Media — network operators, broadcasters and streaming platforms face specific obligations under BTK regulation, Law No. 5651 and the DSA in addition to core KVKK and GDPR requirements for subscriber and user data.
- E-Commerce & Retail — online and omnichannel retailers process extensive consumer data for personalisation, marketing, loyalty programmes and transaction records; cross-border operations trigger multi-jurisdictional GDPR and KVKK exposure alongside ePrivacy obligations for cookies and direct marketing.
- Manufacturing & Industrial — connected devices, industrial IoT deployments, supply chain data sharing and employee monitoring programmes generate data protection obligations increasingly enforced by regulators; AI-driven quality control and predictive maintenance tools raise AI Act compliance questions.
- Professional Services — law firms, accountancy practices, consulting firms and HR service providers act as data processors for large volumes of client personal data; processor obligations under data processing agreements, confidentiality frameworks and data breach response are recurring advisory requirements.
- Public Sector & Infrastructure — public authorities and critical infrastructure operators face specific KVKK obligations, data localisation requirements, NIS 2 cybersecurity obligations and increasing AI deployment in public services — each carrying its own regulatory framework and accountability structure.
Jurisdictional Reach
Jurisdictions Covered
Data protection and technology law mandates routinely engage multiple jurisdictions simultaneously. GDPR applies extraterritorially; KVKK applies to any processing of Turkish data subjects' personal data regardless of controller location; AI Act obligations follow the market in which AI systems are deployed. Mermeroglu Legal advises on mandates engaging the following jurisdictions and regulatory frameworks:
The primary regulatory focus of this practice area is the KVKK / Turkish data protection framework and its interaction with EU law. The 2024 KVKK amendments have substantially aligned Turkish cross-border transfer rules with the GDPR framework; the practical consequences for Turkish businesses with EU operations, and for EU businesses processing Turkish personal data, require careful management across both regimes simultaneously.
For detailed advice on jurisdictions not listed above — including emerging data protection regimes, sector-specific cross-border transfer restrictions or jurisdiction-specific AI governance frameworks — please direct your enquiry through the firm's contact channels.
Regulatory Framework
Principal International Instruments
Data protection and technology law mandates engage a layered framework of international and regional instruments. The following are the most operationally significant for organisations with Turkish and cross-border operations:
KVKK — Turkish Data Protection Law (Law No. 6698)
The primary data protection statute in Türkiye, substantially amended in 2024 to align cross-border transfer mechanisms with the EU framework. Enforced by the Personal Data Protection Authority (Kişisel Verileri Koruma Kurumu). All controllers and processors handling personal data of individuals in Türkiye must comply with KVKK regardless of where they are established. The 2024 amendments introduced standard contractual clauses and adequacy mechanisms mirroring the GDPR framework.
EU General Data Protection Regulation (GDPR)
Regulation (EU) 2016/679, in force since May 2018. The global benchmark for data protection regulation, with extraterritorial application to non-EU operators offering goods or services to, or monitoring the behaviour of, EU data subjects. Türkiye is not currently the subject of an EU adequacy decision; cross-border transfers between Türkiye and the EU therefore require a valid transfer mechanism under both KVKK and GDPR concurrently.
EU AI Act (Regulation (EU) 2024/1689)
Adopted in 2024 with phased application from 2025 to 2027. The world's first comprehensive AI regulation, establishing a risk-based framework with four risk levels: unacceptable (prohibited), high-risk (conformity obligations), limited-risk (transparency) and minimal-risk. Substantial obligations on providers of high-risk AI systems and general-purpose AI models, with extraterritorial application to organisations deploying AI in the EU market.
EU Digital Services Act (DSA)
Regulation (EU) 2022/2065, fully applicable from February 2024. Establishes a tiered framework of obligations for intermediary services, hosting providers and online platforms operating in the EU — with enhanced "very large online platform" obligations for operators exceeding 45 million monthly EU users. Covers content moderation, advertising transparency, algorithmic recommender systems and crisis response obligations.
EU NIS 2 Directive
Directive (EU) 2022/2555 on cybersecurity, with national transposition required by October 2024. NIS 2 substantially expands the scope of mandatory cybersecurity regulation across essential sectors (energy, transport, banking, health, water, digital infrastructure) and important sectors (postal services, waste management, manufacturing, food, chemicals, digital providers). Incident reporting, risk management and supply chain security obligations apply to a significantly wider range of organisations than NIS 1.
EU Digital Markets Act (DMA)
Regulation (EU) 2022/1925, fully applicable from May 2023. Imposes ex ante conduct obligations on designated gatekeeper platforms across core platform services — search, social networking, app stores, online intermediation, advertising, communication services and virtual assistants. Gatekeeper designation triggers obligations on interoperability, data portability, self-preferencing prohibition and algorithmic transparency.
Budapest Convention on Cybercrime
The Council of Europe Convention on Cybercrime (2001, in force 2004) — the principal international instrument on cybercrime harmonisation and cross-border investigative cooperation. Provides the framework for mutual legal assistance in cybercrime investigations. Türkiye is a party to the Convention, which is operationally significant for incident response mandates with a cross-border dimension.
Law No. 5651 — Internet Regulation (Türkiye)
Türkiye's principal internet content regulation law, governing content removal, access blocking and obligations for social network providers and hosting services. Platforms exceeding one million daily users from Türkiye face significant obligations including local representative appointment, content removal and data localisation. Enforced by the Information and Communication Technologies Authority (BTK).
WIPO Digital Copyright Treaties
The WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (both 1996) provide the international framework for protection of copyright and related rights in the digital environment. Relevant to software licensing, digital content platforms, AI training data use and the emerging regulatory treatment of AI-generated works. Türkiye is a party to both treaties.
Our Approach
How Mermeroglu Legal Engages
Data protection and technology law mandates at this firm are structured around a single matter principal who holds the full context of the client's processing activities, data architecture, commercial relationships and regulatory exposure profile across engagements. A KVKK compliance programme, a GDPR transfer mechanism review and a data breach response are not isolated projects — they form part of the same operational and regulatory picture, and they are most effectively managed by counsel who maintains that picture continuously rather than reconstructing it from scratch on each instruction.
Each mandate is supported by an internal team drawing on data protection, technology transactions, intellectual property, fintech regulation and corporate practices. Where the matter requires advice on the law of jurisdictions outside Türkiye — EU supervisory authority proceedings, UK GDPR compliance, CCPA exposure, PDPL advisory — we work through established alliance arrangements with foreign counsel in the relevant jurisdictions.
We advise on the full spectrum of data protection and technology law work: compliance programme design and maintenance, transactional data protection and technology contracting, regulatory investigation and enforcement defence, AI governance and technology M&A due diligence. The practice operates on the understanding that data protection is a business-as-usual legal function, not a periodic project — and that the organisations best protected are those whose counsel understands the business well enough to apply the law to it precisely.
Initial enquiries relating to data protection, AI governance, cybersecurity and technology law matters may be directed to the firm's main contact channels. Where the matter concerns a specific compliance programme, transaction, incident or regulatory proceeding, the firm will identify the relevant matter principal and constitute the appropriate internal and alliance team.
INITIAL ENQUIRIES
Data protection, AI governance, cybersecurity and technology law mandates are handled through coordinated internal and alliance teams with regulatory and transactional expertise across jurisdictions.
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