Commercial Secrets Protection Law in Turkey (Draft 2026): Complete Guide for Businesses, Investors and Technology Companies

Last Updated: July 2026

Reading Time: 18 Minutes

What is Turkey's Commercial Secrets Protection Law?

Quick Answer

Turkey has introduced a draft Commercial Secrets Protection Law to create a unified legal framework for protecting confidential business information. The draft defines what qualifies as a trade secret, distinguishes lawful and unlawful acquisition, provides civil remedies and criminal penalties, and aligns Turkish law with the EU Trade Secrets Directive (EU) 2016/943.

Who Should Read This Guide?

This guide is particularly relevant for:

• Foreign investors

• Technology companies

• Software developers

• AI startups

• Manufacturing companies

• Exporters

• R&D centres

• Consultants

• Law firms

• Company directors

• Shareholders

What Is a Commercial Secret?

A commercial (trade) secret is information that satisfies all three of the following conditions:

If one of these conditions is missing, the information may not qualify as a protected trade secret.

Which Information Can Be Protected?

The draft adopts a broad definition rather than providing an exhaustive list.

Common examples include:

The explanatory memorandum also refers to algorithms, formulas, production techniques, customer lists, strategic plans and pricing information as examples that may constitute trade secrets depending on the circumstances.

How Can a Trade Secret Be Lawfully Obtained?

The draft recognises several lawful methods.

These include:

• Independent development

• Reverse engineering

• Publicly available information

• Information obtained with the owner's consent

• Legitimate employee rights

Reverse engineering is generally lawful unless restricted by contract or law.

What Constitutes Illegal Acquisition?

The following actions are generally unlawful:

• Hacking company systems

• Copying confidential files

• Photographing confidential documents

• Downloading source code without permission

• Breaching an NDA

• Sharing confidential information after leaving employment

• Using information that you know was obtained illegally

Can Former Employees Use Company Secrets?

Generally, no.

Employees may use their professional experience and skills.

However, they cannot disclose confidential information such as:

• customer databases

• source code

• confidential pricing

• formulas

• strategic plans

if those qualify as commercial secrets.

What Can a Company Do If Its Trade Secret Is Stolen?

The company may immediately apply to court.

Possible interim measures include:

• stopping further use

• prohibiting disclosure

• seizing products

• blocking access to electronic files

• preventing imports or exports of infringing products

These remedies may be granted even before the final judgment.

Can the Company Claim Compensation?

Yes.

The court may order compensation based on:

• lost profits

• economic damage

• unjust enrichment obtained by the infringer

• a reasonable royalty where appropriate

Both material and moral damages may be available.

Are There Criminal Penalties?

Yes.

Courts may also impose substantial judicial fines.

Why Is Turkey Introducing This Law?

The explanatory memorandum highlights several strategic objectives.

These include:

• harmonisation with EU law

• implementation of the EU Trade Secrets Directive

• supporting Digital Product Passport (DPP)

• facilitating access to EPREL

• strengthening cybersecurity

• increasing foreign investment

• improving technology exports

• supporting AI and digital trade

The draft is therefore not merely a confidentiality law but also part of Turkey's broader strategy to integrate with international digital trade and technology ecosystems.

Practical Compliance Checklist

Every company should consider implementing:

✅ Non-Disclosure Agreements (NDAs)

✅ Employee confidentiality clauses

✅ Restricted file access

✅ Encryption of sensitive documents

✅ Password management policies

✅ Trade secret classification policies

✅ Supplier confidentiality agreements

✅ Exit procedures for departing employees

✅ Incident response procedures

Frequently Asked Questions

Is a customer list always a trade secret?

Not always. It depends on whether it is confidential, commercially valuable and protected by reasonable security measures.

Is source code protected?

Yes, in many cases source code may qualify as a trade secret.

Are AI models protected?

Potentially yes, particularly where proprietary training methods, model architecture or confidential datasets provide commercial value.

Is reverse engineering legal?

Generally yes, provided there is no contractual or legal restriction.

Can salary information be confidential?

Potentially yes, depending on the circumstances and whether it satisfies the statutory requirements.

Can foreign companies rely on this law?

Yes. The draft protects trade secret owners generally and is not limited to Turkish companies.

Key Takeaways

• Trade secrets receive dedicated statutory protection under the draft law.

• Companies must actively protect confidential information through reasonable security measures.

• Both civil and criminal remedies are available.

• The draft aligns Turkey with international standards, particularly the EU Trade Secrets Directive.

• Technology companies, manufacturers, exporters and foreign investors are expected to benefit most from the increased legal certainty.

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