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AI Regulations In Türkiye: Developments And Implications

Artificial Intelligence (AI) is one of the rapidly advancing technologies that is increasingly being used in practice. AI, which has found widespread application in both the public and private sectors, has become a major agenda item in Turkiye as well.

The development and widespread adoption of these applications offer opportunities for increased efficiency in various sectors. However, unlike the regulations established in the European Union, Turkiye currently does not have specific rules AI implementation. So, where does Turkiye stand in terms of AI regulation, how is the issue being addressed, and how will legal developments impact the business world?

Need for Regulation

AI, with its transformative effects on daily life, also raises significant legal and ethical issues. Ethical use of AI, data privacy in AI applications, transparency in AI algorithms, the impact on human rights, and the potential consequences for human rights indicate the necessity of regulations in this field. With the increasing use of AI applications in Turkiye, the need to establish a legal and regulatory framework has become more important.

The European Union's AI regulations, which adopt a risk-based approach, serve as an important example for Turkiye. The EU regulations introduce specific rules for AI applications that carry different levels of risk. It is expected that Turkiye will develop a framework similar to this approach.

Currently, the main legal framework that can be applied to AI usage is the Personal Data Protection Law (KVKK) in Turkiye, which provides a provision allowing individuals to challenge the results of data processing by solely automatic means and AI technology usage that may harm their legal rights. However, more detailed regulations are needed for these types of applications.

Turkiye’s Regulatory Initiatives

Turkiye is actively taking steps toward the development and application of AI technologies. Under the "National Artificial Intelligence Strategy" for 2021-2025, Turkiye has drawn up an action plan for 2024-2025, outlining its roadmap for the development and use of AI. The action plan includes six strategic priorities: (i) training AI experts and increasing employment in the field, (ii) supporting research, entrepreneurship, and innovation, (iii) expanding access to high-quality data and technical infrastructure, (iv) implementing regulations that accelerate socioeconomic adaptation, (v) strengthening international collaborations, and (vi) accelerating structural and workforce transformation.

Additionally, independent of this action plan, there have been efforts to regulate AI legally, with the first draft law on this subject being introduced by a Member of Parliament in 2024. Although the draft law is still considered insufficient in terms of providing a comprehensive framework, it signals that Turkiye may adopt a regulatory approach parallel to that of the EU. Given the ongoing developments in the EU, it is expected that Turkiye will also take solid steps toward AI regulation at some point in the near future.

At present, issues such as data security, personal data protection, and the establishment of ethical guidelines are central in AI regulations. Turkiye already has a legal framework for personal data protection, and the existing rules regarding personal data will play a significant role in AI applications that produce results based on data analysis.

Implications for Business

The adoption of AI technologies is expected to transform business practices across many sectors, create new job opportunities, and significantly affect existing resources. Companies, particularly those operating in technology and R&D fields, as well as those seeking to streamline business processes using AI applications, must ensure they address the legal and ethical aspects of these technologies.

While there are no clear regulations in Turkiye yet, businesses should closely monitor developments in the EU and stay aware of their responsibilities regarding personal data protection. This will be particularly important as AI applications in Turkiye are expected to follow similar regulatory frameworks as those in the EU in the near future.

The use of AI in services/procurement also needs to be addressed properly under the contracts by contract parties to determine the ownership of data (input and output), IP, clarify liabilities and control the legality of the process and the output as well as audit the algorithms used.

Conclusion

AI technologies have the potential to create significant transformations in Turkiye’s business environment, but the establishment of a comprehensive regulatory framework is essential for ensuring these transformations are legally and ethically sound. While Turkiye is taking steps to develop AI regulations, it will learn from the EU's experiences and implement effective rules. The whole process will require not only technological innovation but also utmost attention to security, transparency, and ethical standards.

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