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Data Center and Digital Infrastructure law in Turkey covers a broad spectrum of regulations and legal frameworks ensuring secure, reliable, and compliant operation of digital facilities and services. With the rapid growth in Turkey's digital economy, data centers play a pivotal role in supporting businesses, government services, and the overall digital transformation. Turkey's central geographic location has further boosted its potential as a regional hub for data centers, requiring specific laws and regulations for data protection, operational standards, and international data flow. Legal issues in this field range from facility establishment to cybersecurity, cross-border data transfer, and compliance with national and international standards. Understanding this legal landscape is crucial for businesses investing or operating in Turkey’s digital infrastructure sector.
Engaging a lawyer skilled in Data Center and Digital Infrastructure law can be vital for businesses and individuals facing complex regulatory, contractual, or compliance matters. You may require legal advice if you are:
Given the highly technical and regulated environment, legal support ensures your operations remain compliant while minimizing risks and optimizing contracts.
Several Turkish laws specifically or indirectly govern data centers and digital infrastructure:
Additionally, general commercial law, labor laws, and intellectual property regulations may impact data center construction, staffing, IP rights, and contract management.
The primary laws are the Personal Data Protection Law (KVKK), Electronic Communications Law, and relevant BTK regulations. Environmental and commercial laws may also apply depending on the project.
Certain public sector and regulated industry data must be stored domestically. For other categories, cross-border transfer is possible if requirements under the KVKK are met and proper safeguards are in place.
Building a data center typically requires zoning approvals, construction permits, and possibly an environmental impact assessment, especially for large-scale facilities.
Yes, BTK and relevant sectoral authorities impose technical and security measures for licensed operators. Entities handling personal or sensitive data are legally required to protect that data using appropriate safeguards.
Yes, foreigners can invest in or wholly own data centers, subject to general foreign investment regulations and sectoral restrictions, if any.
Data controllers are required to notify the Turkish Data Protection Authority and affected individuals without undue delay. There may be investigations and penalties for non-compliance.
SLAs are generally governed by Turkish contract law. Courts and arbitral bodies recognize and enforce such agreements, provided they do not contravene public order or mandatory provisions.
Regional development incentives, tax advantages, and infrastructure support may be available, depending on the location and scale of the investment.
The Turkish Data Protection Authority oversees KVKK compliance, while the BTK supervises telecommunications and internet service matters. Other bodies may be involved depending on sector and activity.
Disputes can be resolved through negotiation, mediation, arbitration, or litigation in Turkish courts. Many contracts specify arbitration, especially for international partners.
If you need more information or wish to consult with expert organizations, consider reaching out to:
These agencies and organizations provide guidance, regulations, and news for the data center and digital infrastructure ecosystem in Turkey.
If you are considering establishing, investing in, or operating a data center in Turkey, or have questions about compliance and contracts, it is advisable to:
Taking proactive legal steps will help you avoid costly missteps, streamline operations, and fully leverage Turkey's growing digital infrastructure opportunities.
