ARTICLE
15 July 2024

Two-Minute Recap Of IT Law

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Gen Temizer

Contributor

Gen Temizer is a leading independent Turkish law firm located in Istanbul's financial centre. The Firm has an excellent track record of handling cross-border matters for clients and covers the full bandwidth of most complex transactions and litigation with its cross-departmental, multi-disciplinary and diverse team of over 30 lawyers. The Firm is deeply rooted in the local market with over 80 years of combined experience of the name partners while providing the highest global standards of legal services.
On 24 June 2024, an Artificial Intelligence Bill ("Bill") was brought before the Grand National Parliament of Turkey for the first time.
Turkey Technology

A Landmark Date for Turkish AI Law

On 24 June 2024, an Artificial Intelligence Bill ("Bill") was brought before the Grand National Parliament of Turkey for the first time. The Bill aims to contribute to the use of AI systems through the protection of individuals' rights and freedoms; the development and use of technologies under a fair and ethical framework; and the creation of a competitive and innovative environment aligning with international standards. Security, transparency, fairness, accountability and confidentiality were identified as key principles to be considered.

"Artificial intelligence", "provider", "deployer", "user", "importers", "distributors", and "AI operators" are all defined, with the Bill regulating sanctions for violations by "AI operators".

Despite its shortcomings, the Bill is undoubtedly a positive development for Turkish AI and expected to be a catalyst for its advancement in the country.

It is not yet clear whether the Bill will be enacted, however keep following us for further developments.

Crypto Asset Law comes into effect

The Crypto Asset Law entered into force on its publication in the Official Gazette on 2 July 2024. The long-awaited amendment regulates provisions regarding crypto assets, crypto asset platforms, crypto asset custody services and crypto asset service providers. Secondary regulations are pending.

The new regulations prohibit performance of within-scope services (as defined by the Capital Markets Board) by overseas platforms for Turkish residents. Services performed for Turkish residents are defined as: (i) opening a business in Turkey; (ii) creating a website in Turkish; (iii) engaging in promotional and marketing activities through persons or institutions resident in Turkey regarding crypto asset services offered by overseas platforms.

You can read our article on this development here.

OECD continues AI focus

The Organization for Economic Cooperation and Development ("OECD") issued the results of an AI, data, and competition focused roundtable. The report emphasized the impact of generative AI and considered potential concerns in AI governance such as monopoly power and market concentration. Increased efforts to monitor developments in AI might also be necessary, it warned.

Another report, "AI, data governance and privacy: Synergies and Areas of International Co-operation" (published on 26 June 2024), stressed the importance of cooperation between AI and privacy groups across different legal systems and reiterated the importance of OECD's AI Principles. It concludes by singling out the potential of Privacy Enhancing Technologies which utilise generative AI while considering the privacy risks its use can entail.

Meta privacy policy faces European backlash

Meta, eyeing the AI market's huge growth potential, faced criticism in Europe on updating its privacy policy which led to digital rights NGO Noyb filing complaints in 11 European countries. According to these claims, Meta's new privacy policy will enable the use of data acquired from Facebook and Instagram (including posts, private images, and online tracking data) to train its AI-driven large language models ("LLM"). Noyb also asserts that this change will allow Meta to share information with "undefined third parties" – facilitated by an overly complicated user opt-out. The NGO also accused Ireland's data protection authority, the Data Protection Commission (DPC), of complicity with Meta.

The DPC subsequently asked Meta to delay the LLM training project which is the subject of the claims. In a statement, Meta said they disagree with the EU's views on the issue but have nevertheless postponed the use of some tools.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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