Legal Framework of SaaS Agreements Under Turkish Law

With the rapid evolution of technology, the way software is delivered to users has fundamentally changed. Instead of purchasing software as a product, many businesses now access it online through subscription-based models known as Software as a Service (SaaS). This model has become increasingly popular in Turkey, both among technology providers and their clients. However, since Turkish law does not specifically regulate SaaS agreements, understanding their legal nature and applicable rules is crucial.

Under Turkish law, SaaS agreements are generally considered hybrid contracts, combining elements of service, license, and work (contract for work and labor) agreements. In most cases, ownership of the software remains with the service provider, while the user is granted a limited license to access and use it under specified conditions. Therefore, it is essential to define the parties’ obligations clearly: the provider must ensure the system’s continuity, functionality, and data security, while the user is responsible for timely payment and compliance with usage restrictions.

SaaS agreements must also comply with Turkish data protection and intellectual property laws, particularly the Law on the Protection of Personal Data (KVKK) and the Law on Intellectual and Artistic Works (FSEK). Clauses concerning data processing, backup, access rights, and post-termination data return should be explicitly included. In cross-border arrangements, it is equally important to address data transfer rules, governing law, and dispute resolution mechanisms. From both a commercial and technical perspective, a well-drafted SaaS agreement provides legal certainty and trust between the service provider and the user — a necessity in today’s cloud-based business environment.

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