Artificial Intelligence Trial Started: Judicial Decision Issued Before Law Enactment
Most companies are asking, "When will the Artificial Intelligence Law (AI Act) be introduced in Türkiye?" is focused on the question. But the real truth is this: While the law is being discussed in the parliamentary corridors, judicial deci
Most companies are asking, “When will the Artificial Intelligence Law (AI Act) be introduced in Türkiye?” is focused on the question. But the real truth is this: While the law is being discussed in the parliamentary corridors, judicial decisions have already begun to be made. When the recent decisions of the Supreme Court of Appeals, KVKK and the Competition Authority are examined; It seems that artificial intelligence and algorithmic systems now exceed the boundaries of classical “data processing” and create heavy legal/commercial responsibilities. --- 1. Supreme Court Approval of “Artificial Intelligence”: The Era of Technical Masking is Over Vak
The Signal
Most companies are asking, “When will the Artificial Intelligence Law (AI Act) be introduced in Türkiye?” is focused on the question. But the real truth is this: While the law is being discussed in the parliamentary corridors, judicial decisions have already begun to be made.
Why It Matters
When the recent decisions of the Supreme Court of Appeals, KVKK and the Competition Authority are examined; It seems that artificial intelligence and algorithmic systems now exceed the boundaries of classical “data processing” and create heavy legal/commercial responsibilities.
Case (25.09.2025): The 11th Civil Chamber of the Supreme Court of Appeals (decision numbered 2025/689 E., 2025/5685 K.) approved the decision that an artificial intelligence software and its promotion in collaboration with Intel and ... Computer constituted “unfair competition”. In the decision; It was emphasized that “Although the Ask... software was outsourced to another company by the defendant party, the advertisements and promotions in question remained within the scope of unfair competition, considering that the Intel brand was used visibly in product advertisements.”
For companies, technical disguises such as “I subcontracted the AI (Artificial Intelligence) project” or “I billed the invoice to another company” do not cover up unfair competition violations. The court looks at whose benefit the AI (Artificial Intelligence) model or advertisement benefits. Every AI (Artificial Intelligence) product released in 2026 will collide with the “non-competition” and “IP ownership” clauses in past contracts.
The Move
Case (23.12.2021): KVKK examined the “blacklist” (algorithmic profiling) mechanisms in car rental systems in its decision numbered 2021/1303. Even though the data was entered into the system manually, the notice that “...customers were blacklisted through this software without their consent and thus their personal data was shared with other users using this software” through algorithmic systems was evaluated within the scope of automatic decision-making processes and disclosure of personal data.
Who screens the candidate in your HR systems? Who does the credit scoring? If the answer is “algorithm” and there is no “human-in-the-loop” (human control) in the system, it is easy for you to face huge administrative fines from KVKK in 2026. Transparency is no longer an option, it is a necessity.
With the official statements of Competition Authority President Birol Küle, the vision of the institution became clear: 2026 will be the critical threshold where companies’ pricing algorithms will be inspected with AI (Artificial Intelligence).
Read the Full Analysis
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This article is for strategic information only. It is not legal, investment, or tax advice.