TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
Digital evidence and forensic technology Digital evidence is playing an increasingly central role in commercial and civil disputes in Türkiye. The courts now routinely evaluate a wide range of elec- tronic materials, including emails, instant messag- ing records, metadata, server logs, GPS data, CCTV footage and blockchain-based records. As business transactions move online, the integrity, authenticity and chain of custody of digital evidence have become critical issues. Forensic technology tools assist parties in recovering deleted files, analysing digital communications, track- ing data alterations and identifying fraud or miscon- duct. Expert witnesses frequently provide technical assessments on matters such as data integrity, cyber- incidents and electronic document authenticity. At the same time, the courts are becoming more aware of emerging risks such as manipulated evidence, deep- fakes and digitally altered records, prompting a more cautious and technologically informed approach to evidentiary assessment. Sectoral and Financial Disputes Banking, finance and restructuring litigation Litigation in the banking and finance sector remains common, usually involving issues such as restructured loans, enforcement of security interests, challenges involving non-performing loan portfolios, and disputes about payment obligations under complex financing arrangements. Cross-border financial disputes are common, particularly when foreign lenders pursue security against Turkish borrowers. Co-ordination between the Turkish courts and insolvency or restruc- turing proceedings abroad has become increasingly important. Moreover, the growth of distressed-asset transactions and secondary market acquisitions has introduced new layers of dispute, requiring the courts to interpret sophisticated financial instruments and multi-jurisdictional security packages with greater precision. Construction and infrastructure claims Construction and infrastructure projects continue to generate large volumes of litigation and arbitration. Cost escalation, delays and disputes over technical specifications frequently lead to claims for additional time or compensation. International Federation of
ing seamless co-operation between Turkish counsel and foreign legal teams. As commercial structures become more sophisticated – frequently involving lay- ered holding companies, offshore entities and secured creditors – enforcement actions demand both tech- nical precision and strategic foresight to maximise recovery. Competition, Regulatory and Technology-Driven Litigation Competition authority activism and follow-on claims The Turkish Competition Authority continues to take an assertive approach, particularly in sectors influenced by technology and data. Investigations involving digi- tal platforms, marketplace operators and advertising technologies have become more frequent. As admin- istrative enforcement grows, private follow-on actions seeking damages based on the authority’s findings are also increasing. These cases require the courts to evaluate causation, quantify harm and determine how much weight to give the competition authority’s decisions. Businesses now face the possibility of both regulatory penalties and civil compensation exposure. This dual risk has prompted companies to invest more heavily in compliance programmes, internal audits and competition-law training, as proactive govern- ance is increasingly viewed as essential to mitigating both administrative and judicial liabilities. E-commerce, fintech and data-related disputes New compliance requirements for online platforms introduced in 2024 have reshaped litigation risks. Dis- putes involving seller suspensions, data access rights, commission structure changes and ranking practices regularly reach the courts. Fintech providers and digi- tal payment institutions face regulatory oversight as well as private claims relating to outages, fraudulent transactions, cybersecurity events and the allocation of liability between providers, merchants and users. These disputes often require careful co-ordination between financial regulations, commercial contract principles and data protection obligations. As digital markets expand, the courts are increasingly expected to address novel issues such as algorithmic trans- parency, automated decision-making and platform accountability, making this an area of rapidly evolving jurisprudence.
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