Trade Secrets Law in Turkey
In Turkey, there is no standalone law dedicated exclusively to the protection of trade secrets. Instead, trade secrets are safeguarded through various provisions embedded in the Turkish Constitution, Civil Code, Commercial Code, and Criminal Code, as well as specific regulations concerning sectors like banking and telecommunications.
🛡️ Legal Framework for Trade Secret Protection
1. Constitutional Protection
Article 17 of the Turkish Constitution guarantees the right to protect one's physical and spiritual existence, which has been interpreted to encompass the protection of trade secrets as part of an individual's or entity's personal rights.(Viet An Law)
2. Civil Code
The Turkish Civil Code provides a basis for the protection of personal rights, including the right to protect confidential information. While it does not specifically mention trade secrets, the principles can be applied to safeguard such information.
3. Commercial Code
Under Article 55 of the Turkish Commercial Code, actions that are deceptive or contrary to good faith in commercial relations are deemed unfair competition. This provision has been utilized to address the unlawful acquisition or disclosure of trade secrets.(erdem-erdem.av.tr)
4. Criminal Code
Article 239 of the Turkish Criminal Code criminalizes the unauthorized disclosure of confidential information related to commerce, banking, or private customers, imposing penalties including imprisonment and fines.(media.deris.com)
5. Sector-Specific Regulations
Banking Law: The Banking Law imposes strict confidentiality obligations on banks regarding customer information.
Electronic Communications Law: The Electronic Communications Law mandates the protection of trade secrets and business plans of entities, with exceptions only for judicial authorities.(erdem-erdem.av.tr)
⚖️ Enforcement and Remedies
While Turkey lacks a unified legal framework for trade secrets, enforcement is possible through:
Civil Lawsuits: Affected parties can seek injunctions and damages through civil litigation based on unfair competition principles.
Criminal Prosecution: Individuals who unlawfully disclose trade secrets may face criminal charges under the Criminal Code.(media.deris.com)
Administrative Actions: Regulatory bodies in specific sectors can impose sanctions for breaches of confidentiality obligations.
📝 Practical Recommendations for Businesses
To effectively protect trade secrets in Turkey, businesses should:
Implement Confidentiality Agreements: Use non-disclosure agreements (NDAs) with employees, contractors, and business partners.
Restrict Access: Limit access to sensitive information to authorized personnel only.
Secure Storage: Utilize physical and digital security measures to protect confidential data.
Employee Training: Educate staff on the importance of maintaining confidentiality and the legal implications of unauthorized disclosure.
Regular Audits: Conduct regular audits to identify and address potential vulnerabilities in information security.
✅ Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Constitutional, Civil Code, Commercial Code, Criminal Code, sector-specific regulations |
| Definition of Trade Secret | Information providing economic benefit, kept confidential, and protected by the owner |
| Unlawful Acts | Unauthorized acquisition, use, or disclosure; exploitation of infringing products |
| Civil Remedies | Injunctions, damages, publication of court decisions |
| Criminal Sanctions | Imprisonment, fines for unauthorized disclosure |
| Sector-Specific Protections | Banking Law, Electronic Communications Law |
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