TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
Consulting Engineers or FIDIC-based contracts remain prevalent, and multi-tier dispute resolution clauses require parties to follow a structured process before reaching arbitration or litigation. The courts and arbi- trators routinely deal with extensive expert evidence and complex technical issues. In parallel, disputes increasingly involve claims related to risk allocation, performance guarantees and variations, reflecting the heightened complexity and financial exposure inher- ent in large-scale construction projects. Data Protection and Cybersecurity Litigation Data protection and cybersecurity disputes continue to increase as businesses face growing regulatory scrutiny under the Law on the Protection of Personal Data (“KVKK”) and sector-specific compliance obliga- tions. Claims increasingly arise from data breaches, unlawful processing, cross-border data transfers and failures to obtain valid consent. Individuals seek com- pensation for misuse or exposure of personal data, while companies challenge administrative fines or decisions issued by the Data Protection Authority. Cybersecurity incidents – including ransomware attacks, system outages and unauthorised access – frequently lead to disputes over contractual liabil- ity between service providers, vendors and clients. These cases often require detailed forensic analysis to determine the cause of the breach, the adequacy of security measures and the extent of resulting damag- es. As digital infrastructure becomes more complex, the courts are encountering sophisticated questions involving encryption standards, incident response protocols and data retention practices. The interplay between data protection, commercial obligations and emerging technologies is expected to make this field one of the most dynamic areas of litigation in the com- ing years. Intellectual Property Litigation in Türkiye The increase in IP disputes in Türkiye is driven by the growth of digital markets and stronger enforce- ment practices. Trade mark oppositions, cancellation actions, bad-faith filings and infringement claims are increasingly common as businesses work to protect brand value. Copyright and software disputes contin- ue to rise with the expansion of online content, while patent cases – particularly in pharmaceuticals and
technology – often require detailed technical evidence. The enforcement authorities also conduct dawn raids targeting counterfeit products and IP-infringing activi- ties, signalling heightened regulatory vigilance. As innovation accelerates, effective IP enforcement and strategic portfolio management have become essen- tial elements of commercial risk mitigation. Cryptocurrency and Digital Asset Disputes Cryptocurrency and digital asset disputes are becom- ing more prominent in Türkiye as trading volumes increase and new platforms enter the market. The absence of a comprehensive regulatory framework has led to significant uncertainty, causing the courts to confront novel questions about the legal nature of digital assets, ownership claims and recovery mecha- nisms in cases of fraud or platform failure. Disputes frequently arise from hacking incidents, unauthorised transactions, lost access to digital wallets, and mis- leading investment promises. Conflicts between users and crypto-exchanges are also growing, particularly regarding service outages, withdrawal freezes, liquidation of margin positions and the allocation of liability when security breaches occur. Courts often rely on expert witnesses to assess blockchain-based evidence, track transaction flows and determine whether digital assets can be traced or retrieved across multiple wallets and jurisdictions. As Türkiye progresses toward formal regulation of crypto-markets, litigation is expected to expand into areas such as compliance with anti-money launder- ing rules, licensing obligations for service providers and the classification of digital assets for taxation purposes. The increasing integration of digital assets into commercial transactions suggests that crypto- currency-related disputes will become an important and fast-evolving component of the Turkish litigation landscape. Energy Sector Disputes The energy sector remains a significant source of commercial and regulatory disputes in Türkiye. Pro- jects involving electricity generation, renewables, natural gas distribution and oil exploration frequently give rise to conflicts related to licensing, tariff adjust- ments, performance obligations and compliance with
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