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

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

**Last Updated:** July 2026

**Reading Time:** 18 Minutes

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# 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.

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# 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
    

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# What Is a Commercial Secret?

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

| Requirement | Explanation |
| --- | --- |
| It is not publicly known | Competitors cannot easily access it. |
| It has commercial value because it is secret | Disclosure would reduce its value. |
| The owner has taken reasonable steps to keep it confidential | Examples include NDAs, restricted access, encryption and internal policies. |

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

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# Which Information Can Be Protected?

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

Common examples include:

| Information | Usually Protected? |
| --- | --- |
| Customer database | ✅ Yes |
| Supplier lists | ✅ Yes |
| AI algorithms | ✅ Yes |
| Source code | ✅ Yes |
| Manufacturing know-how | ✅ Yes |
| Pricing strategy | ✅ Yes |
| Marketing strategy | ✅ Yes |
| Product formulas | ✅ Yes |
| Internal financial models | ✅ Yes |
| Public annual reports | ❌ No |

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.

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# 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.

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# 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
    

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# 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.

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# 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.

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# 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.

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# Are There Criminal Penalties?

Yes.

| Violation | Possible Penalty |
| --- | --- |
| Illegal acquisition | 1–3 years imprisonment |
| Illegal use or disclosure | 2–4 years imprisonment |
| Knowingly obtaining stolen trade secrets | 2–4 years imprisonment |
| Knowingly using illegally obtained secrets | 3–5 years imprisonment |

Courts may also impose substantial judicial fines.

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# 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.

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# 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

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# 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.

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## Is source code protected?

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

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## Are AI models protected?

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

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## Is reverse engineering legal?

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

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## Can salary information be confidential?

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

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## Can foreign companies rely on this law?

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

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# 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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