With the acceleration of digitalization, cybersecurity has become one of the most critical priorities of modern states. The widespread adoption of technologies such as artificial intelligence, blockchain, big data, and quantum computing has not only increased the complexity of cyberattacks but also necessitated the strengthening of defense mechanisms. In this context, Turkey has enacted Cybersecurity Law No. 7545 (“Law”), the country’s first comprehensive legislative framework governing digital security. This law establishes a regulatory structure for cybersecurity by introducing legal obligations for public institutions, private sector entities, critical infrastructure providers, and individuals.
This article provides an in-depth analysis of the scope of the law, the obligations it introduces, its impact on combating cybercrime, and its implications for various sectors.
1. Scope and Objectives of Cybersecurity Law No. 7545
1.1. General Scope of the Law
Cybersecurity Law No. 7545 was enacted to establish Turkey’s cybersecurity policy, regulate security measures for public and private sector entities, and create deterrent mechanisms against cyberattacks that may threaten national security. The law covers a broad range of subjects, including public institutions, critical infrastructure service providers, private sector entities, and individuals. By defining cybersecurity obligations at a national level, the law aims to enhance the country’s digital resilience.
1.2. Key Regulations Introduced by the Law
The law brings several critical regulatory changes, including:
- Establishment of the Cybersecurity Directorate and the Cybersecurity Council,
- Imposition of new cybersecurity obligations on public and private sector entities,
- Mandatory security audits and penetration tests for critical infrastructure,
- Increased prison sentences and administrative fines for cybercrimes,
- Standardization of national cybersecurity measures,
- Encouragement of local software and hardware usage in public institutions and private enterprises.
These regulations aim to strengthen Turkey’s resilience against cyber threats and align the country with international cybersecurity standards.
2. Cybersecurity Governance: New Institutions and Authorities
2.1. Roles and Powers of the Cybersecurity Directorate
Articles 5 and 6 of the law outline the establishment and powers of the Cybersecurity Directorate (“Directorate”), which was officially formed by a Presidential Decree on January 8. The Directorate is responsible for detecting, preventing, and responding to cyberattacks, setting security standards for public institutions and critical infrastructures, and managing national cybersecurity policies.
To fulfill these duties, the Directorate is granted the authority to store and monitor IT system logs and data, assess whether such data constitutes a criminal offense, and share relevant findings with authorities. However, the extensive powers granted to the Directorate have sparked concerns regarding privacy and data protection.
Furthermore, Article 12 of the Law imposes strict restrictions on personnel employed at the Directorate. Employees are prohibited from disclosing any confidential information they obtain during their tenure and, upon leaving the Directorate, are barred from working in cybersecurity-related positions in Turkey or abroad, engaging in commercial activities in the sector, holding shares in cybersecurity companies, or practicing as independent professionals for a period of two years. Those who violate these restrictions face imprisonment of three to five years under Article 16, Paragraph 8.
2.2. Cybersecurity Council and National Cybersecurity Strategy
Under Article 9, the Cybersecurity Council (“Council”), originally established by Ministerial Decree No. 2012/3842 on June 11, 2012, is now officially recognized and tasked with developing national cybersecurity policies, protecting critical infrastructure, and fostering collaboration between sectors. The Council facilitates coordination between the public and private sectors to strengthen Turkey’s cybersecurity ecosystem.
The Cybersecurity Council consists of high-ranking officials, including the President, Vice President, Minister of Justice, Ministers of Foreign Affairs and Interior, Minister of National Defense, Minister of Industry and Technology, Minister of Transport and Infrastructure, Secretary-General of the National Security Council, Head of the National Intelligence Organization, President of the Defense Industry, and the Head of the Cybersecurity Directorate. However, the absence of representatives from institutions such as the Personal Data Protection Authority, the Union of Turkish Bar Associations, and the Turkish Journalists Association has led to criticism of the Council’s composition.
3. Obligations Introduced by the Law
3.1. General Cybersecurity Obligations
Cybersecurity Law No. 7545 imposes legal responsibilities on all entities operating in cyberspace, including public institutions, professional organizations, legal entities, and unincorporated entities. These obligations, outlined in Article 7, include:
- Providing timely and prioritized information and support to the Cybersecurity Directorate upon request,
- Implementing security measures and promptly reporting cybersecurity vulnerabilities, breaches, and incidents to the Directorate,
- Ensuring that cybersecurity products and services used in public institutions and critical infrastructures are procured from certified and licensed cybersecurity companies authorized by the Directorate,
- Obtaining prior approval from the Directorate for certification, licensing, and operational authorization before cybersecurity companies begin their activities,
- Complying with all future regulatory requirements to be introduced by the Directorate,
- Cooperating with the Cybersecurity Directorate in all aspects of cybersecurity management.
3.2. Definition and Compliance Obligations for Critical Infrastructure
Article 3(d) defines critical infrastructure as institutions whose data systems, if compromised, could pose significant national security risks, cause loss of life, economic damage on a large scale, or disrupt public order. Critical infrastructure entities are subject to all cybersecurity obligations outlined in the law.
3.3. Regulations for Cybersecurity Companies and Products
Under Article 18, cybersecurity companies and products are subject to the following requirements:
- All cybersecurity products and services exported abroad must comply with export regulations set by the Directorate and, where applicable, obtain prior approval.
- Mergers, acquisitions, share transfers, and sales of cybersecurity companies must be reported to the Directorate, and any transaction that grants control to domestic or foreign entities is subject to Directorate approval.
- Transactions conducted without the Directorate’s approval will be deemed legally invalid. The Directorate is also empowered to request and review relevant documentation.
4. Combating Cybercrime: New Regulations and Sanctions
4.1. Classification of Cybercrimes and Penalties
Under Article 16, the law introduces strict penalties to enhance deterrence against cybercrimes, including:
- Failure to provide requested information, documents, software, data, and hardware upon the request of an authorized body: 1 to 3 years imprisonment and 500 to 1500 days of judicial fines (exempting public institutions),
- Operating without obtaining necessary permits required under the law: 2 to 4 years imprisonment and 1000 to 2000 days of judicial fines,
- Violating confidentiality obligations: 4 to 8 years imprisonment,
- Unauthorized access, disclosure, or sale of previously leaked personal or institutional data: 3 to 5 years imprisonment,
- Spreading false information regarding cyber incidents to incite public fear, panic, or target institutions or individuals: 2 to 5 years imprisonment,
- Cyberattacks against national security elements: 8 to 12 years imprisonment (10 to 15 years if the acquired data is disseminated).
- Cybercrimes committed by public officials, multiple individuals, or organized criminal groups are subject to increased penalties.
4.2. Concerns and Criticism
The broad authority granted to the Cybersecurity Directorate has raised concerns about potential overreach, excessive surveillance, and privacy violations. Critics argue that Article 16’s harsh penalties may lead to arbitrary enforcement and disproportionate punishments. Some legal experts also warn that the law could pose risks to fundamental rights, such as privacy and personal data protection, as guaranteed by the Turkish Constitution.
5. Conclusion and Final Assessment
Cybersecurity Law No. 7545 represents a significant step forward in Turkey’s efforts to enhance national digital security and combat cyber threats. The law establishes new governance structures, strict compliance obligations, and severe penalties for cybercrimes. However, concerns remain regarding potential risks to privacy, regulatory overreach, and compliance costs.
The law’s implementation will require further clarifications, secondary regulations, and alignment with international cybersecurity standards. Stakeholders must closely monitor how the law will be enforced and whether it strikes a fair balance between security and individual rights.
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