Technology, Media & Telecommunications
Regulatory Change at Velocity
No sector has experienced regulatory change at the velocity now reshaping technology, media and telecommunications. New frameworks on data protection, digital services, artificial intelligence and cybersecurity are introduced at a pace that legal teams must absorb without slowing the underlying business. The sector spans software companies and SaaS providers, telecommunications operators, broadcasting and streaming platforms, digital marketplaces, fintech businesses, cloud infrastructure providers, cybersecurity companies, AI developers and gaming operators — each engaging distinct regulatory frameworks, commercial structures and risk profiles.
Mermeroglu Legal advises software companies, platform operators, telecommunications providers, media and fintech businesses, coordinating with applicable foreign law through experienced partners. Technology mandates are treated as an embedded advisory function rather than a transactional output — operating businesses face questions on a weekly or monthly cadence that are best handled by counsel who hold the operational and product context across mandates.
Legal Framework
Three Foundational Dimensions
The Regulatory Stack
A consumer-facing technology service operating in Türkiye and serving European users may simultaneously face KVKK enforcement obligations, GDPR regulatory exposure, DSA obligations as an intermediary service, and AI Act requirements where machine learning is deployed. No single jurisdiction governs exclusively. The practitioner must map the overlapping regulatory frameworks, identify jurisdictional triggers and build compliance structures that hold across the full regulatory stack — without creating commercially unworkable operational constraints.
The Data Governance Framework
Data protection compliance directly affects market access, operational continuity and contractual credibility. The allocation of controller and processor responsibilities, the legal basis for processing, cross-border data transfer mechanisms and data localisation strategies each carry distinct legal consequences. In Türkiye, data protection is regulated under KVKK (Law No. 6698), substantially amended in 2024 to align cross-border transfer rules with the EU framework. Türkiye is not currently subject to an EU adequacy decision; cross-border transfers therefore require a valid transfer mechanism under both regimes.
The Technology Transaction
Technology operations rely on complex contractual frameworks — software licences, SaaS service agreements, API access terms, cloud service arrangements, IT outsourcing agreements and technology-focused M&A. Each instrument must reflect regulatory requirements (data processing obligations, AI Act provisions, platform liability rules), cross-border enforcement considerations and cyber risk allocation. Technology M&A requires due diligence across IP ownership, data asset valuation, regulatory compliance status and product liability exposure.
Sub-Sectors
Software & SaaS
Software licensing, SaaS service agreements, enterprise and consumer contracting, API terms, product liability structuring, data processing agreements and software-related IP protection for software developers, SaaS providers and platform operators serving consumer and enterprise markets.
Telecommunications & Infrastructure
Licensing advisory for mobile network operators, fixed-line carriers and infrastructure-based providers — including infrastructure, service and number-based licensing under the Information and Communication Technologies Authority (BTK) under Law No. 5809, spectrum matters and regulatory compliance.
Broadcasting & Streaming Media
Broadcasting licensing, subscription video-on-demand, audio streaming and content production legal work — covering content rights, distribution agreements, platform obligations under the DSA, advertising regulation and co-production structuring for domestic and international productions.
Digital Platforms & Marketplaces
Platform governance, intermediary liability and compliance structuring for multi-sided platforms, online marketplaces and aggregator services — including DSA obligations, DMA gatekeeper requirements, content moderation frameworks, Law No. 5651 compliance and platform-mediated transaction structures.
Fintech & Payment Services
Regulatory advisory for payment institutions, electronic money issuers, crypto-asset service providers and embedded financial services — covering licensing under BDDK and BRSA frameworks, payment system compliance, MiCA requirements for crypto-asset service providers and open banking structures.
Cloud & Data Centres
Legal structuring for cloud infrastructure providers, hyperscale data centre operations and colocation services — including sovereign cloud arrangements, data localisation requirements, service agreement design, regulatory compliance obligations and data centre concession or lease structures in Türkiye and internationally.
Cybersecurity
Cybersecurity governance, incident response planning, regulatory notification obligations under NIS 2, KVKK and equivalent regimes, managed security service contracting, vulnerability disclosure policy design and cybercrime defence for companies across essential and important sectors.
Artificial Intelligence & Machine Learning
AI regulatory compliance under the EU AI Act risk classification framework, governance and accountability structures for AI model developers and deployers, transparency obligations, prohibited use assessments and AI risk management — for foundational model providers, applied AI service providers and enterprises deploying AI in regulated activities.
Gaming & E-sports
Legal advisory for game developers, publishers, platform operators, e-sports leagues and competitive event organisers — covering game development and publishing agreements, platform distribution terms, in-game economy and virtual asset structures, data protection compliance for user bases and e-sports event contracting.
Practice Intersections
Practice Areas Engaged in This Sector
Technology, media and telecommunications sector mandates typically engage several practice areas simultaneously. The principal intersections are set out below.
- Data Protection & Technology Law — KVKK and GDPR compliance, cross-border data transfers, AI regulation and technology licensing.
- Mergers & Acquisitions — technology acquisitions, platform transactions, growth equity investments and minority strategic investments.
- Intellectual Property — software protection, content rights, trademark management and trade secret protection in technology operations.
- Capital Markets — technology IPOs, follow-on offerings and convertible instrument issuance for technology issuers.
- Foreign Direct Investment & Market Entry — entry of foreign technology operators into the Turkish market and outbound expansion of Turkish technology businesses.
- International Trade & Customs — cross-border digital services tax, customs treatment of digital goods and sanctions exposure for technology exports.
- White-Collar Defense & Transnational Crimes — cybercrime defence, regulatory investigations and platform-related criminal proceedings.
- Tax & Cross-Border Structuring — technology holding structures, digital services tax exposure and transfer pricing for intra-group IP licensing.
- International Arbitration & Disputes — technology contract disputes, platform-related claims and data breach litigation.
- Banking & Finance — fintech and payment institution licensing, embedded finance arrangements and crypto-asset service provider compliance.
Regional Reach
Regional Market Profiles
The TMT sector is among the most globally integrated industries, with services and infrastructure routinely operating across jurisdictional boundaries. Mermeroglu Legal advises on technology mandates engaging the legal and regulatory frameworks of the following regions and jurisdictions:
Türkiye operates a substantial domestic technology market with growing international reach in gaming, e-commerce, fintech and content production. Data protection is regulated under KVKK (Law No. 6698), substantially amended in 2024 to align cross-border data transfer rules with the EU framework. Internet content is regulated under Law No. 5651 and telecommunications under BTK authority (Law No. 5809).
For detailed advice on jurisdictions not listed above — including emerging digital regulatory regimes, country-specific data protection frameworks or jurisdiction-specific licensing requirements — please direct your enquiry through the firm's contact channels.
Standards & Instruments
Principal International Instruments
Technology, media and telecommunications operations engage a layered framework of international and regional instruments that shape regulatory exposure, data flows and competition policy. The most operationally significant include:
EU General Data Protection Regulation (GDPR)
Regulation (EU) 2016/679, in force since May 2018. The GDPR establishes the principal global benchmark for data protection regulation with extraterritorial application to non-EU operators offering goods or services to, or monitoring the behaviour of, data subjects in the European Union. Türkiye is not currently the subject of an EU adequacy decision; the 2024 amendments to KVKK have moved Turkish law closer to GDPR alignment.
EU Digital Services Act (DSA)
Regulation (EU) 2022/2065, fully applicable from February 2024. The DSA establishes obligations for intermediary services, hosting services and online platforms operating in the EU market, with enhanced requirements for very large online platforms and search engines. Any technology business with European users must assess its obligations under the DSA.
EU Digital Markets Act (DMA)
Regulation (EU) 2022/1925, fully applicable from May 2023. The DMA imposes ex ante obligations on designated gatekeeper platforms in respect of core platform services, including obligations on interoperability, data portability and self-preferencing. The DMA's gatekeeper designation process has significant implications for large platform operators.
EU AI Act
Regulation (EU) 2024/1689, adopted in 2024 with phased application from 2025 to 2027. The AI Act establishes a risk-based framework for the regulation of artificial intelligence systems, with substantial obligations on providers and deployers of high-risk AI systems and on providers of general-purpose AI models.
EU NIS 2 Directive
Directive (EU) 2022/2555 on cybersecurity, with national transposition required by October 2024. NIS 2 substantially expands the scope of cybersecurity regulation across essential and important sectors, with corresponding incident reporting, risk management and supply chain security obligations for a wide range of technology operators.
Budapest Convention on Cybercrime
The Council of Europe Convention on Cybercrime, in force since 2004. The principal international instrument on cybercrime, providing for harmonisation of substantive cybercrime offences and international cooperation on investigation and prosecution. Türkiye is a party to the Convention.
WIPO Treaties on Digital Copyright
The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (both 1996) provide the international framework for the protection of copyright and related rights in the digital environment. Türkiye is a party to both treaties, which are operationally significant for streaming media, software and content platform operators.
KVKK — Turkish Data Protection Law
Law No. 6698 on the Protection of Personal Data, substantially amended in 2024 to align cross-border data transfer mechanisms with the EU framework. Enforced by the Personal Data Protection Authority (KVKK). All technology operators processing personal data of individuals in Türkiye must comply with KVKK regardless of where the operator is established.
Law No. 5651 — Internet Regulation
Türkiye's principal internet content regulation law, governing content removal, access blocking and platform obligations for social network providers and hosting services. Extensive content removal and access blocking procedures apply, with significant obligations on platforms exceeding one million daily users from Türkiye.
Our Approach
How Mermeroglu Legal Engages
Technology mandates frequently combine routine commercial work — licensing, distribution, terms of service — with rapidly evolving regulatory exposure across multiple jurisdictions. A consumer-facing SaaS service may simultaneously face KVKK enforcement in Türkiye, GDPR investigation in the European Union, DSA obligations as an intermediary service and AI Act exposure where machine learning is deployed. Our practice is structured to coordinate across those frameworks through a single point of accountability.
Each mandate is led by a single matter principal at the firm, supported by an internal team drawing on data protection, technology and IP, telecommunications regulation, fintech regulation and corporate practices. Where the matter requires advice on the law of jurisdictions outside Türkiye, we work through long-standing alliance arrangements with foreign counsel, including in the principal data protection and platform regulation jurisdictions.
We treat technology legal work as an embedded advisory function rather than a transactional output. Operating technology businesses face questions on a weekly or monthly cadence — new product launches, regulatory updates, enforcement actions, vendor onboarding — that are best handled by counsel who hold the operational and product context across mandates.
Initial enquiries relating to technology, media and telecommunications matters may be directed to the firm's main contact channels. Where the matter concerns a specific transaction, dispute or regulatory question, the firm will identify the relevant matter principal and constitute the appropriate internal and alliance team.
INITIAL ENQUIRIES
Technology, media and telecommunications mandates are handled through coordinated internal and alliance teams with regulatory and transactional expertise across jurisdictions.
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