Best Data Center & Digital Infrastructure Lawyers in Erenler

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Sakarya Avukat Turan & Karakoç Avukatlık Ofisi
Erenler, Turkey

Founded in 2018
15 people in their team
Turkish
Sakarya Avukat TURAN & KARAKOÇ Avukatlık Ofisi Av. Mehmet Ali TURAN ve Av. Murat KARAKOÇ tarafından kurulmuştur. Sakarya’da Avukat olarak sahip olduğumuz kurumsal ve profesyonel çalışma anlayışı ile başta Sakarya’da Boşanma Avukatı,...
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1. About Data Center & Digital Infrastructure Law in Erenler, Turkey

In Erenler, as in the rest of Turkey, data center and digital infrastructure activities are governed by national laws and regulatory authorities. Local permits and zoning may be required for constructing or operating a data center facility within the district. Compliance crosses several domains, including data protection, building safety, and telecommunications regulation.

Data centers in Turkey must align with statutory privacy protections when handling personal data, and with safety rules for critical infrastructure facilities. Operators often coordinate with municipal authorities for site approvals and with national regulators for privacy, security, and energy considerations. Legal counsel helps translate federal and provincial requirements into practical, enforceable steps for a project in Erenler.

Two key themes shape the regulatory landscape: protecting individual privacy in data processing and ensuring safe, reliable infrastructure for digital services. For readers in Erenler, this means aligning data handling practices with KVKK obligations while navigating building and fire safety regimes and telecommunications rules.

“Data protection and security requirements influence every stage of data center projects, from site selection to ongoing operations.” - Turkish Personal Data Protection Authority guidance

Recent sectoral trends include greater emphasis on data localization considerations for sensitive data, stronger breach notification norms, and closer alignment between fire safety standards and data center operational needs. These trends affect licensing timelines, contractual obligations, and incident response planning for Erenler projects.

2. Why You May Need a Lawyer

  • Opening a data center facility in Erenler requires municipal zoning approvals, building permits, and fire safety compliance. A lawyer helps coordinate site diligence, permit applications, and inspections to avoid delays.
  • Transferring personal data to a Turkish data center triggers KVKK safeguards and cross-border transfer rules. Legal counsel can structure data flows, conduct data protection impact assessments, and ensure contractual safeguards with data processors.
  • Negotiating service level agreements (SLA) with a Turkish provider involves defining uptime, data breach notification timelines, data localization obligations, and liability limits specific to Turkish law and regulators.
  • Responding to a data breach requires timely notification to KVKK, forensic steps, and regulatory cooperation. A lawyer helps prepare incident response plans and communication strategies compliant with law.
  • Compliance with fire safety and construction requirements ensures that data center design and operations meet Binaların Yangın Güvenliği Yönetmeliği standards and building code expectations for critical facilities.
  • Municipal procurement or public sector projects in Erenler may involve complex tender rules and local contracting norms. Legal counsel can oversee bid documentation and contract award processes to reduce risk.

3. Local Laws Overview

  • Law No. 6698 on the Protection of Personal Data (KVKK) governs how data centers process personal data, cross-border transfers, security measures, and data subject rights. It is the central framework for privacy compliance in Turkey. KVKK Official
  • Binaların Yangın Güvenliği Yönetmeliği (Fire Safety Regulation for Buildings) sets standards for fire prevention, safety installations, and emergency response in buildings including data centers. Local and national authorities enforce these requirements. Mevzuat.gov.tr
  • Turkish Civil Code (Law No. 4721) and Construction Law (Law No. 3194) provide framework for property ownership, contracts, and construction processes that affect data center sites and lease arrangements. Mevzuat.gov.tr

Notes on dates and updates: KVKK became effective on 7 April 2016, with ongoing guidance and amendments from the Authority. Fire safety and construction regulations have undergone periodic updates; consult Mevzuat.gov.tr and BTK guidance for the latest versions and transitional provisions.

4. Frequently Asked Questions

What is KVKK and how does it affect data centers in Erenler?

KVKK governs processing of personal data and requires appropriate security measures. Data centers must implement technical and organizational safeguards, conduct impact assessments when needed, and enable data subject rights. Non-compliance can lead to penalties and orders to stop processing.

How do I begin compliance for a new data center site in Erenler?

Start with a data protection risk assessment and an environmental/building feasibility review. Engage local authorities for zoning, fire safety, and occupancy permits, then align contractor agreements with KVKK and building regulations. A legal counsel coordinates this multi-agency process.

What is the difference between a data controller and a data processor under KVKK?

The data controller determines processing purposes and means, while the data processor handles data on behalf of the controller. Data centers can be processors for clients and controllers for their own data sets, requiring clear contracts detailing responsibilities.

How much can penalties cost for KVKK non-compliance in a data center project?

Penalties vary by violation type and severity but can be substantial, including administrative fines and corrective actions. The Turkish Privacy Authority publishes guidance on penalty scales and remediation timelines.

Do I need Turkish counsel to handle cross-border data transfers?

Yes. Turkish law requires transfer safeguards and, in some cases, adequacy assessments or standard contractual clauses. A local lawyer ensures transfer mechanisms comply with KVKK and regulator expectations.

What is the typical data center licensing timeline in Turkey?

Timelines depend on site due diligence, building permits, and safety compliance. Expect several weeks for initial approvals and several months for full licensing, with possible delays if documents are incomplete.

Should I consider a data center operator’s SLA under Turkish law?

Yes. A Turkish-law governed SLA clarifies liability, uptime commitments, outage remedies, and data breach notification obligations. Local counsel helps tailor terms to risk and regulatory requirements.

Can a foreign data center provider operate in Erenler?

Foreign providers may operate via local entities or partnerships. They must comply with KVKK, BTK licensing, and energy and safety regulations. Local counsel ensures proper registration and compliance.

What is the procedure to report a data breach to KVKK?

Breaches must be reported to KVKK within the timelines specified by guidance or law. A lawyer can prepare the notification package, including scope, impact, and mitigation steps.

What permits are typically needed to construct a data center in Erenler?

Expect building permits, occupancy licenses, fire safety approvals, and electrical system certifications. A lawyer coordinates document bundles and agency sign-offs to avoid rework.

What documents are common in a data center lease in Turkey?

Leases usually include termination rights, service level expectations, data handling restrictions, and liability allocations. An attorney reviews and negotiates terms to protect occupancy and operations.

Do I need to register a data center workforce with local authorities?

Depending on the project scope, you may need permits for construction, electrical work, and safety compliance. A lawyer helps ensure all registrations and inspections are completed timely.

5. Additional Resources

  • Turkish Data Protection Authority (KVKK) - Official regulator for data protection, guidance, and enforcement in Turkey. KVKK
  • Information and Communications Technologies Authority (BTK) - Regulates telecommunications services, licensing for data centers, and related compliance. BTK
  • Mevzuat.gov.tr - Official repository of Turkish laws and regulations, including KVKK and building/fire safety statutes. Mevzuat.gov.tr
  • Enerji Piyasası Düzenleme Kurumu (EMRA) - Regulatory authority for energy markets, including data center power procurement and reliability. EMRA
  • Turkish Ministry of Energy and Natural Resources - National energy policy and infrastructure planning relevant to data center operations. Enerji Bakanlığı

6. Next Steps

  1. Identify project scope and site plan for the Erenler location, including zoning and building envelope requirements. Set a 2-4 week internal planning window before engaging counsel.
  2. Consult a Turkish data center attorney to perform a pre-diligence review, focusing on KVKK obligations, fire safety compliance, and building permits. Schedule an initial 60-90 minute consultation.
  3. Prepare a data protection impact assessment (DPIA) plan and draft a data processing agreement (DPA) with prospective data processors in Turkey. Align with KVKK guidance and publish internal privacy policies.
  4. Obtain initial regulatory approvals in parallel: zoning/permitting with Erenler Municipality, fire safety clearance, and electrical infrastructure approval. Create a consolidated timeline with milestone dates.
  5. Draft and negotiate SLAs and operational contracts with data center providers, including breach notification timelines and liability caps under Turkish law. Involve local counsel to tailor terms to Turkish enforcement practices.
  6. Implement a data breach response plan, including notification to KVKK, third-party forensic support, and public communications protocol. Run a tabletop exercise with stakeholders.
  7. Monitor ongoing regulatory changes via KVKK, BTK, and Mevzuat.gov.tr; schedule annual legal reviews to refresh compliance as laws evolve.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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