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IT Lawyer
To explain the informatics law before the concept of IT lawyer, it is a mixed law branch that is in parallel with the development of all information technologies, especially the internet, and is in constant development. Lawyers who have worked in the fields of information technologies, internet and computer crimes law, who have received training in this field and who prefer to deal with cases in this field are known as lawyers specializing in cyber crimes. Lawyers in Turkey do not have to take cases in certain areas. They can handle cases in any field. IT lawyer fees may differ between Istanbul and Ankara. It is the most dynamic branch of law that grows day by day and attracts the attention of many.
Legal Transactions within the Field of Activity of a Specialist IT Lawyer
As a result of the widespread use of internet technologies, crimes committed through informatics are also increasing. Informatics lawyer deals with many legal transactions that informatics tools are the subject of. For this reason, the legal proceedings that fall into the field of activity of an IT lawyer specialized in his field are quite extensive. The situations that usually fall into the work area of an average IT lawyer are as follows:
- Cybercrime or in other words cybercrime.
- Removing content from the Internet for violation of privacy.
- Content Removal for Trademark Infringement
- Electronic detection processes.
- Legal consultancy service to content and hosting providers.
- Criminal cases related to cyber crimes.
What is IT Law Attorney?
Information technology is the transfer of information by using electronic and technological tools and digitizing data. In this context, the concept of informatics refers to data transfers made with technological tools such as personal computers, smart phones, tablets. In addition to this, especially Facebook, twitter, instagram, youtube etc. social media platforms, e-mail and telegram, whatsapp etc. applications are also considered as information systems. Lawyers working on cybercrime or private law cases committed through these systems are called IT lawyers.
In addition to the concept of IT lawyer, it is seen that it is also referred to as IT crimes lawyer or cyber crimes in general usage. However, even if the concept of informatics lawyer is not an area of expertise defined only in the legislation on criminal law, even those who are far from this area are ignorant, because of the fact that IT law covers many issues such as fraud, cyber bullying, copyright and trademark violations in practice, informatics lawyering also has a field in itself. It is necessary to accept the fact that It should be noted that IT law is not just about cybercrime. For this reason, cyber crimes lawyers do not meet the concept of informatics lawyer in any way.
IT Lawyer Working Areas
An IT lawyer, who is an expert in his field, is expected to deal with all kinds of lawsuits and legal proceedings and produce solutions, the subject of which is information technologies. In the legal processes, especially the crime of entering the information system, the crime of blocking, disrupting and destroying the information system, the crime of using prohibited programs and the abuse of credit card, as well as the crimes committed through Facebook, twitter, instagram, whatsapp or other social media tools, the work of the informatics lawyer enters the fields.
With the increase in the use of internet technologies and social media, crimes such as insults, threats, blackmail and violation of privacy have increased on these platforms. An IT lawyer can also undertake the necessary legal process against crimes and torts committed through social media.
Unauthorized shared and disseminated photos, videos, etc. Removing the content from the internet is also one of the issues that the IT lawyer is interested in. In case of unauthorized dissemination of videos, photos or correspondence, it can take necessary actions to remove these contents. It can also ensure that unreal or disproportionate news or comments that will adversely affect the reputation of individuals and companies are removed from the internet.
What Kind of Cases Does an IT Lawyer Handle?
With the increase in the use of internet technologies and social media, crimes such as insults, threats, blackmail and violation of privacy have increased on these platforms. An IT lawyer can also undertake the necessary legal process against crimes and torts committed through social media.
Unauthorized sharing and dissemination of photos, videos, etc. Removing the content from the internet is also one of the issues that the IT lawyer is interested in.
What are the Types of Cybercrime?
The cyber crimes regulated in the Turkish Penal Code No. 5237 are as follows:
TCK Article 243, The Crime of Entering the Information System,
TCK Article 244, Crime of Blocking, Destroying, Making Inaccessible, Destroying or Changing Data,
TCK Art. 245, Offense of Abuse of Bank or Credit Card,
TCK Art. 245/A, Offense of Using Forbidden Device or Program,
my TCK. 135, Offense of Recording Personal Data,
TCK Article 136, Offense of Unlawful Giving or Capturing Data,
TCK Article 138, Crime of Non-Destruction of Data,
TCK Art. 124, Offense of Blocking Communication,
TCK Article 132, Crime of Violation of Confidentiality of Communication,
TCK Article 142. Crime of Theft Committed by Using the Information System,
TCK Art. 158. Fraud Crime Committed by Using Information Systems.
If we start by considering the subject simply in terms of criminal law, crimes in the field of informatics constitute one of the most up-to-date and rapidly changing subjects of this branch of law. There may be some new acts that were never or clearly foreseen years ago and therefore not regulated among the crime types, as well as the acts foreseen with the existing crime types can be committed with new methods. In this context, the legislator had to change the existing regulations or make new regulations in parallel with the changes and developments in this field.
Cybercrimes in the Turkish Penal Code No. 5237
Along with the regulation of the crime of unauthorized access to the information system in the Turkish Penal Code No. 5237, parallelism has been achieved in our legal system with the illegal access regulation stipulated in Article 2 of the European Cybercrime Convention.
The Turkish Penal Code No. 5237 was accepted on 29.04.2004 and entered into force on 01.06.2005. In the Law No. 5237, cyber crimes are included in the tenth chapter under the title of “Crimes in the Field of Information”, and in the third part of the second book of the Law, titled “Crimes Against Society”. In the section of crimes in the field of informatics; The crime of illegally entering and staying in the information system, the crime of preventing, corrupting, destroying or changing the functioning of the information system, the crime of providing unlawful benefits through the information system, the crime of misuse of bank or credit cards, and the crime of using a prohibited device or program. .
Other crimes committed through informatics are; The crime of recording personal data, the crime of illegally giving or obtaining the data, the crime of not destroying the data, the crime of preventing the communication, the crime of violating the confidentiality of the communication, the crime of theft committed through the use of information systems and the crime of fraud committed through the use of information systems.
Types of crimes regulated in the section “Crimes in the field of IT” in the Turkish Penal Code No. 5237, respectively:
TCK Article 243, The Crime of Entering the Information System,
TCK Article 244, Crime of Blocking, Destroying, Making Inaccessible, Destroying or Changing Data,
TCK Art. 245, Offense of Abuse of Bank or Credit Card,
TCK Article 245/A, It is the Offense of Using a Forbidden Device or Program.
We, as IT lawyers, are able to produce solutions to all the problems listed below.
Internet Broadcasting, Removal of Negative or Infringing Content on the Internet, Blocking Access,
Content Removal Due to Trademark Infringement,
Content Removal for Infringement of Design Rights,
Content Removal Due to Copyright Infringement,
Domain Name Disputes, (Revocation of .com, .com.tr Domain Names)
Domain Name Cancellation Cases,
Disputes Regarding Impersonation of Trademarks as Domain Names.
Actions for Cancellation of Institutional Decisions Regarding the Cancellation of Domain Names.
Protection of Social Media Accounts (Closing or Retrieving fake twitter, facebook, instagram, youtube Accounts.)
Legal Actions Against Imitation of Your Brand on Social Media and Internet.
Internet Removal of Negative News, Content and Videos.
Preventing Copyright Violations on the Internet,
Content Removal and Access Blocking Due to Copyright Violation,
Prevention of Trademark Violations on the Internet,
Ensuring All Kinds of Legal Struggle against Cyber Crimes such as Unlawful Violation, Corruption, Blocking of the Information System, Copying and Destroying the Data in the Information System,
E-Commerce, Resolving Unfair Competition Disputes Regarding Domain Names,
Providing Legal Support in Cases such as Violation of Personal Rights and Violation of Private Life Occurring on the Internet, and Following the Process of Blocking Access.
Consumer’s Rights and Seller’s Obligations in E-Commerce,
Unfair Competition on the Internet,
Copyright Violations on the Internet,
Trademark and Design Rights Violations on the Internet,
Intellectual Rights Regarding the Works Published on the Internet,
Electronic Contracts, Cookie Policies,
KVKK and GDPR.
Things to Consider When Looking for an IT Lawyer
An IT lawyer, who is an expert in his field, is expected to deal with all kinds of lawsuits and legal proceedings and produce solutions, the subject of which is information technologies. In the legal processes, especially the crime of entering the information system, the crime of blocking, disrupting and destroying the information system, the crime of using prohibited programs and the abuse of credit card, as well as the crimes committed through Facebook, twitter, instagram, whatsapp or other social media tools, the work of the informatics lawyer enters the fields.
Performing an important defense function with the development of information and internet technologies, IT attorneyship is a highly technical job that requires constant updating and development.
LEGAL SUPPORT
To make an appointment, you can reach us via the phone below during working hours or send an e-mail to the address below.
Weekdays: 09:00 – 21:00
Saturday: 10:00 – 18:00
E-mail: [email protected]
