Whilst Turkish law contains various provisions on trade secrets across different laws and subordinate regulations, there has been no standalone legislation to date that directly and comprehensively defines trade secrets or provides for distinct protection and safeguard mechanisms. Prepared to address this gap, the Draft has been drafted in line with the EU's Directive 2016/943/EU on trade secrets and serves as a tool to support Turkey's international trade policies and the development of digital trade.

WHY NOW?

There are several key drivers behind the preparation of the Draft:

  • In order for Turkey to gain access to EU databases under mechanisms such as the EU’s Digital Product Passport (DPP) and the EPREL database, trade secrets must be protected in our country to a level equivalent to that of the EU.  
  • A legal framework compliant with EU standards is essential in our country to ensure that manufacturers exporting to the EU market are not required to submit product design and cybersecurity information to an entity established within the EU.  
  • In a global economy where digital trade and data-driven value chains are developing rapidly, legal certainty has become a prerequisite for digital integration.  

DEFINITION OF A TRADE SECRET

According to the draft, a trade secret refers to information which is unknown to, or not readily accessible by, persons operating in the same or a similar field; in respect of which the owner has a legitimate interest in its confidentiality; which possesses commercial value by virtue of its confidential nature; and for which the owner has taken reasonable measures to protect it.

Within the scope of this definition, elements such as customer lists, production methods, technical information, marketing strategies, formulas, data and algorithms, strategic plans, pricing and stock information, and the company’s cost structure may be considered trade secrets.

KEY PROVISIONS

1. Lawful Acquisition

A trade secret shall be deemed to have been lawfully acquired where it is obtained in good faith through any of the following means: with the consent of the owner; by way of independent discovery or creation; through observation or reverse engineering of a product made publicly available; or through the exercise of lawful rights by employees and agents.

As noted in the explanatory memorandum, a finding of lawful acquisition does not require the concurrent presence of all or several of the above circumstances; it suffices that at least one such circumstance exists and that its particular conditions are satisfied. The scope and interpretation of these circumstances are expected to develop further through case law and scholarly commentary.

2. Unlawful Acts

The acquisition of a trade secret through unauthorised access to, seizure of, or copying of documents, objects or electronic data under the control of the trade secret owner shall be deemed unlawful. Likewise, the use or disclosure of a trade secret in violation of a confidentiality agreement or non-disclosure obligation, or in breach of any contract or obligation restricting its use, shall also constitute an unlawful act.

This provision addresses the three most commonly encountered acts giving rise to unlawfulness. That said, as the nature of trade secrets continues to evolve and new, unforeseeable methods of obtaining them emerge, it would be neither practicable to regulate all acts constituting unlawfulness on an exhaustive basis, nor appropriate to confine them to those expressly listed herein. It remains possible that, in time, acts beyond those enumerated may be encountered.

3. Exceptions

The acquisition, use or disclosure of a trade secret shall not constitute an unlawful act where it is carried out for the protection of the general public interest; in the exercise of freedom of the press and expression; by employees providing information to their representatives; or for the protection of a legitimate interest recognised by law.

OVERVIEW OF RIGHTS AND SANCTIONS

Subject

Provision

Interim Measures

Interim measures may be requested from the court on the grounds of alleged unlawful acquisition, use or disclosure, or where there is an imminent threat thereof.

Litigation

The trade secret owner may request the determination and prohibition of the infringement, the recall/destruction of infringing products, and the delivery of documents containing the trade secret.

Compensation

The amount of compensation is determined on the basis of all adverse economic effects suffered by the trade secret owner, including loss of earnings, as well as the gains obtained by the infringer through the unlawful use.

Confidentiality of Proceedings

All persons participating in the proceedings, including judges, prosecutors, court staff, parties, witnesses and experts, are obliged not to use or disclose any trade secret of which they become aware.

Competent Court

The court of competent jurisdiction in trade secret cases is the commercial court of first instance, and the court with territorial jurisdiction is the court of the trade secret owner’s place of domicile.

CRIMINAL PENALTIES

  • Those who unlawfully obtain a trade secret shall be punished by imprisonment for 1 to 3 years and a judicial fine of up to 20,000 days; those who obtain such a secret from the infringer shall be punished by imprisonment for 2 to 4 years and a judicial fine of up to 25,000 days,  
  • Those who unlawfully use or disclose such a secret shall be punished by imprisonment for 2 to 4 years and a judicial fine of up to 25,000 days; those who obtain such a secret from the infringer shall be punished by imprisonment for 3 to 5 years and a judicial fine of up to 30,000 days.  

STATUTE OF LIMITATIONS

Claims shall become time-barred 1 year from the date on which the trade secret owner becomes aware of the infringer and of the fact that the trade secret has been unlawfully obtained, used or disclosed, and in any event 5 years from the date on which the unlawful act was committed.

ASSESSMENT

The draft represents a significant step towards consolidating scattered legislation under a single framework, ensuring compliance with EU standards and strengthening Turkey’s position in international trade. The standardisation of the issue of trade secrets, which is currently scattered across national legislation, aims to boost the confidence of trade secret holders, thereby encouraging more innovative initiatives and increasing foreign investment in our country.

Comments and suggestions regarding the draft may be submitted to the General Directorate of Internal Trade at the Ministry of Trade until 15 May 2026.