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Artificial Intelligence Law in Turkey: Navigating the Regulatory Landscape

Artificial intelligence (AI) is rapidly transforming various industries and business models, bringing numerous benefits and opportunities. However, along with these advancements come legal challenges and risks that businesses must navigate to ensure compliance and mitigate potential liabilities. In Turkey, the use of AI is gaining traction, and it is essential for companies to understand the evolving regulatory landscape to protect their interests.

At Lex Lata Consulting and Law Firm, we specialize in AI-related legal matters and can provide expertise and guidance on the legal implications, risks, and regulations surrounding AI technologies. Our team of experienced lawyers possesses a diverse array of technical and legal expertise, enabling us to assist clients in identifying, addressing, and responding to the legal challenges posed by AI.

Legal Framework for AI in Turkey

Legislative and Regulatory Provisions

Currently, AI is not specifically regulated under Turkish law. However, existing legal provisions can be applied by analogy when AI-related issues arise. Opinions regarding the legal status of AI vary, with some suggesting that AI should be considered as the property of real and legal persons, while others propose the creation of a special status of electronic personality for AI. The legal personality view argues for a relationship between AI and the company that creates and manages it.

While Turkey has yet to establish specific regulations for AI, the government recognizes the importance of AI applications and aims to promote their production and use. As such, the legal and regulatory framework surrounding AI is expected to evolve in the future.

General Duty and Liability

Under Turkish law, there is a general duty to take reasonable care when using AI, even when no fault is involved. Employers, animal keepers, and building owners may be held liable for damages caused by AI if they have not exercised all reasonable care to prevent such damages. Additionally, courts may order compensation for loss and damage caused by a mentally incapable person on the grounds of equity.

In the context of robots and other mobile AI, liability without fault provisions can be applied to hold parties accountable for the actions of AI under the Turkish Code of Obligations.

Sectoral Perspectives

AI applications have become embedded in various sectors in Turkey, including education, defense, health, finance, retail, business, and agriculture. However, there are no specific regulations governing AI in these sectors. Efforts are underway to determine the positive effects of AI technology and expand its use cases, but no sector-specific regulations have been implemented thus far.

Addressing Legal Risks in AI Business

As AI applications continue to advance and integrate into various business models, the risk of litigation also increases. To safeguard against potential legal challenges, businesses should take certain measures:

Programming and Documentation

Ensuring that AI applications are programmed correctly is crucial to mitigate legal risks. Companies should maintain documentation to demonstrate the correctness, appropriateness, and integrity of the AI input. This documentation can serve as evidence in case of any disputes related to the output or functioning of the AI application.

Supervision and Guardrails

Proper supervision of AI applications is essential to prevent misuse and mitigate legal liabilities. Companies should supervise the AI application and its output to ensure compliance with ethical standards, legal requirements, and business objectives. Establishing guardrails against user misuse of the AI application can further mitigate risks.

Potential Legal Claims in AI Disputes

In the context of AI applications, potential claimants may raise allegations in three main categories:

Incorrect Information: Claimants may allege that generative AI, such as chatbots or image and voice generators, has created incorrect information, leading to damages or other adverse consequences.
Interference with IT Systems: Allegations may arise when AI applications interfere with other IT systems, resulting in downtime or financial loss. For example, if an AI application allegedly made adverse investment decisions, leading to financial harm.
Real-World Accidents: Claimants may allege that accidents in the physical world, such as those involving autonomous vehicles, robots, or AI-controlled industrial facilities, were caused by AI applications.

Potential parties against whom these allegations may be made include the developer, operator, user, and potentially a distributor involved in the AI system. Insurance coverage may also be a target for professional claimant firms.

Legal Bases for AI Disputes

In civil disputes revolving around AI, potential claimants may invoke various legal bases to support their claims:

Contractual Basis: Claims may be based on contract law, as there are typically contractual relationships between the developer, operator, and users of AI systems. Sensible contractual clauses can protect the interests of contracting parties.
Product Liability Basis: Users and third parties may raise claims based on product liability laws, considering AI systems as "products" containing defects.
Tort Law Basis: Claimants may apply fault-based claims for damages, invoking tort law principles, although fault in the context of AI applications can be challenging to attribute.
Regulatory Basis: Claims may also be based on specific regulations, such as data protection or intellectual property law, particularly when personal data is processed by AI systems.
Insurance: The use of AI systems opens opportunities for specialized liability insurance to cover potential damages caused by AI errors, biases, or discrimination.

Open Legal Questions and Considerations

Several open legal questions surround AI disputes, posing challenges for potential claimants:

Burden of Proof: Proving damage caused by AI applications can be challenging due to the complexity and lack of transparency in AI systems. Initiatives are underway to ease the burden of proof for injured parties, but further developments are needed.
Attribution of Fault: AI systems' autonomous decision-making complicates the attribution of fault to specific entities. Concepts like granting legal personality to AI systems or attributing fault to operators, developers, or users are being debated.
Standard of Care: The applicable standard of care when operating AI systems is a topic of legal debate. Different standards may apply based on the risk affinity and functionality of AI systems, requiring further clarification.

AI Law Services at Lex Lata Consulting and Law Firm

At Lex Lata Consulting and Law Firm, we offer a comprehensive range of AI-related legal services to assist clients in navigating the complexities of AI law in Turkey. Our services include:

AI Governance and Compliance: Developing frameworks and policies to ensure ethical and responsible AI use, compliance with relevant laws and regulations, and data protection and privacy.
Intellectual Property Protection: Advising on IP protection strategies, patent applications, copyright issues, and trade secret protection related to AI technologies.
Data Privacy and Security: Navigating data protection laws, advising on data sharing agreements, and developing policies to ensure compliance and mitigate risks.
Liability and Risk Mitigation: Assessing and mitigating legal risks associated with AI, including potential liabilities for AI errors, bias, or discrimination.
Regulatory Compliance: Understanding and complying with sector-specific regulations applicable to AI applications in industries such as healthcare, finance, or autonomous vehicles.
Contracts and Licensing: Drafting and negotiating contracts related to AI, including licensing agreements, data sharing agreements, technology development agreements, and service contracts.
Ethical and Social Implications: Providing guidance on AI ethics, fairness, transparency, accountability, and the responsible use of AI technologies.
Litigation and Dispute Resolution: Representing clients in litigation related to AI, including intellectual property disputes, contract disputes, liability claims, or issues surrounding AI ethics and fairness.
Employment and Labor Law: Advising on employment law issues related to AI, including employee rights, privacy concerns, and potential discrimination.
Regulatory and Government Affairs: Navigating the evolving regulatory landscape for AI, engaging in advocacy efforts, and representing clients in interactions with regulatory bodies.

Conclusion

As the use of AI continues to grow in Turkey, businesses must navigate the evolving legal landscape to protect their interests and mitigate potential liabilities. Lex Lata Consulting and Law Firm is dedicated to providing expertise and guidance on AI-related legal matters. With our comprehensive range of AI law services, we assist clients in ensuring compliance, managing risks, and addressing legal challenges in the rapidly advancing field of artificial intelligence.

Contact Lex Lata Consulting and Law Firm today for expert guidance and support in navigating the complexities of AI-related legal issues in Turkey.