Legal Framework of SaaS Agreements Under Turkish Law

With the rapid advancement of technology, the traditional model of purchasing software as a product has increasingly been replaced by subscription-based structures known as Software as a Service (SaaS). In this model, users access software online rather than acquiring ownership of it. As in many jurisdictions, this model has become increasingly widespread in Türkiye among both users and service providers. Although Turkish law does not contain specific regulations governing SaaS agreements, their legal nature and applicable rules can be evaluated under general contractual principles.

Under Turkish law, SaaS agreements are generally treated as hybrid contracts, incorporating elements of service, license, and, in some cases, work-for-hire (eser sözleşmesi). In most arrangements, ownership of the software remains with the service provider, while the user is granted a limited license to access and use the software under specified conditions. For this reason, clearly defining the parties’ obligations is essential. Typically, the provider undertakes to ensure system availability, functionality, and data security, while the user commits to timely payment and compliance with usage restrictions.

SaaS agreements must also comply with Turkish data protection and intellectual property laws, particularly the Personal Data Protection Law (KVKK) and the Law on Intellectual and Artistic Works (FSEK). Provisions relating to data processing, backups, access rights, and post-termination data return should be expressly set out to reduce the risk of potential disputes. In cross-border arrangements, matters such as data transfer requirements, applicable law, and dispute resolution mechanisms become equally significant.

From both a commercial and technical perspective, a well-drafted SaaS agreement provides legal certainty for the parties and establishes a clear framework for resolving any disputes that may arise between the service provider and the user.

This content is intended for general informational purposes only; it does not constitute professional legal advice regarding specific cases.