Türkiye has taken a decisive step toward enhancing its national cybersecurity by enacting a comprehensive law aimed at protecting its increasingly vulnerable digital infrastructure from the rising tide of worldwide digital threats. This legislation introduces a robust framework focused on identifying and mitigating cyber threats, safeguarding both public and private entities, and creating a cohesive national cybersecurity strategy.
Scope and Application
Coverage of Various Entities
The new cybersecurity law encompasses a wide array of entities, including public institutions, professional organizations with public status, private enterprises, and non-legal organizations operating within the digital realm. While the legislation is extensive in its coverage and ambition, it precisely targets specific activities and sectors for optimal effect. However, certain intelligence activities fall outside its scope, governed instead by specific Turkish laws such as the Police Duties and Authorities Law, Coast Guard Command Law, Gendarmerie Organization Law, National Intelligence Organization Law, and Turkish Armed Forces Internal Service Law. This selective application ensures that the law effectively targets appropriate entities without overlapping with existing laws governing intelligence activities.
Clear Definitions
To establish a solid foundation and ensure consistent application across affected sectors, the newly enacted law meticulously defines key cybersecurity concepts such as “hosting,” “cyber event,” “cyber attack,” and “cyber threat intelligence.” By establishing clear and uniform terminological guidelines, the law promotes a shared understanding and consistent approach to cybersecurity practices and protocols. Clear definitions are critical for the proper identification and categorization of threats, providing a common language for professionals and stakeholders in the cybersecurity ecosystem. This clarity enables effective communication, coordination, and response to cyber incidents, thereby enhancing the overall security posture of the nation.
Cybersecurity as National Security
Critical Component
The legislation underlines the critical role of cybersecurity as a vital pillar of national security. Recognizing the increasing frequency and sophistication of cyber threats, the law emphasizes the importance of safeguarding critical infrastructures and information systems, which serve as the backbone of modern society. This entails continuous, sustainable, and transparent efforts to ensure comprehensive accountability at all levels. By prioritizing cybersecurity as a national security concern, Türkiye acknowledges the need for a proactive stance in defending against cyber adversaries. These efforts include developing robust defense mechanisms, fostering a culture of cybersecurity awareness, and maintaining vigilance in the face of evolving threats.
Cybersecurity Presidency
Central to enforcing this comprehensive law is the establishment of a newly formed Cybersecurity Presidency, an essential body responsible for the rigorous implementation of cybersecurity measures across various sectors. The Cybersecurity Presidency’s responsibilities are vast and encompass conducting vulnerability and penetration tests to identify potential weaknesses in systems and networks. Furthermore, it is tasked with analyzing cyber risks and creating, gathering, and sharing cyber threat intelligence to inform proactive and reactive measures. The Cybersecurity Presidency will also supervise risk assessments and enforce security protocols for public institutions and operations involving critical infrastructure, ensuring adherence to national standards and mitigating potential threats. By developing and evaluating cybersecurity response teams (SOME) through readiness exercises and enhancing international coordination, the Cybersecurity Presidency aims to foster a resilient and collaborative national cybersecurity environment. The Presidency also promotes national cybersecurity solutions and innovations, driving forward local capabilities and expertise.
Dynamic National Strategy
Skilled Workforce and Local Solutions
A notable attribute of the legislation is its emphasis on a dynamic national cybersecurity strategy designed to adapt to evolving threats. This strategy prioritizes the development of a skilled cybersecurity workforce, recognizing that human capital is crucial in the fight against cyber adversaries. By investing in education and training programs, Türkiye aims to cultivate a pool of cybersecurity experts capable of addressing complex challenges and mitigating risks effectively. Additionally, the legislation promotes the fostering of local cybersecurity solutions, encouraging innovation and self-reliance in developing cutting-edge technologies and practices. By focusing on local solutions, Türkiye can enhance its resilience against cyber threats and reduce dependency on external sources.
Regulatory Standards
The Cybersecurity Presidency is given the critical task of establishing and regulating security standards for cybersecurity professionals, private companies, and government bodies. This includes setting criteria for cybersecurity products and services, ensuring compliance, and enforcing penalties for non-compliance with these standards. By regulating the industry, the Presidency ensures that all stakeholders adhere to best practices and maintain a high level of security. The enforcement of these regulations is essential for creating a secure and trustworthy digital ecosystem. It provides a structured framework that promotes accountability and consistency, thereby strengthening the nation’s overall cybersecurity posture in a cohesive and systematic manner.
Data Protection and Compliance
Data Management
One of the critical provisions of the legislation pertains to the management of cybersecurity-related data. This provision mandates that logs and threat intelligence must be retained for a period of up to two years. This ensures that relevant data is available for analysis, investigation, and future reference, enabling a thorough understanding of cyber incidents and the implementation of informed responses. Additionally, the law stipulates that any personal or confidential business data collected during cybersecurity operations must be deleted, destroyed, or anonymized once its intended use is complete. This aspect of the legislation ensures that the privacy rights of individuals and entities are respected and protected, even as robust cybersecurity measures are enforced.
Cybersecurity Council
The establishment of a Cybersecurity Council is an integral part of the legislation, tasked with overseeing the national cybersecurity landscape. The council comprises key government officials, including the President, Vice President, several ministers, and the heads of the National Intelligence Organization and the Cybersecurity Presidency. This high-level council plays a crucial role in setting national cybersecurity policies, crafting strategies for the future, and determining priority areas for investment and human resource development. Moreover, the Cybersecurity Council is tasked with resolving disputes related to cybersecurity among government entities, ensuring a unified and coordinated approach. The Cybersecurity Presidency acts as the secretariat for the council, facilitating the smooth execution of decisions.
International Coordination and Oversight
Global Collaboration
Ensuring coordination with international bodies and foreign governments is another essential function of the Cybersecurity Presidency. Global collaboration is critical in addressing cyber threats that often transcend national borders, and the Presidency is tasked with overseeing third-party security audits for critical infrastructure to maintain compliance with national and international security standards. This international coordination enables Türkiye to stay aligned with global best practices and standards, enhancing its ability to effectively combat cyber threats. By participating in international forums and engaging with global partners, Türkiye can benefit from shared knowledge, resources, and expertise, thereby strengthening its cybersecurity defenses.
Regulatory Authority
The Cybersecurity Presidency also holds regulatory powers to enforce cybersecurity policies, including certification, licensing, and security standards for cybersecurity solution providers. These regulatory functions ensure that all players in the cybersecurity ecosystem adhere to strict guidelines and maintain high standards of security. Organizations failing to comply with national directives may face legal penalties and restrictions, underscoring the importance of adherence to established protocols. Additionally, cybersecurity personnel within the Cybersecurity Presidency are restricted from occupying private sector roles related to cybersecurity for two years post-departure from their governmental duties. This measure prevents potential conflicts of interest and ensures that sensitive information obtained during their tenure is not improperly disclosed or exploited.
As part of the enactment process, the Turkish Parliament has approved 13 articles of the law. Subsequent parliamentary sessions are planned to further deliberate and finalize the comprehensive cybersecurity framework. This staged implementation signifies Türkiye’s commitment to carefully and thoroughly establishing a robust cybersecurity regime.
Cohesive Evaluation and Conclusion
Turkey has made a significant move to strengthen its national cybersecurity by enacting a comprehensive law tailored to protect its increasingly fragile digital infrastructure from the surge of global cyber threats. This new legislation establishes a strong framework focused on identifying and mitigating cyber risks, thereby shielding both public and private sectors from potential digital dangers. By addressing a broad spectrum of cybersecurity issues, the law aims to create a unified national cybersecurity strategy. It underscores the importance of being vigilant and ready to respond to various cyber attacks that could jeopardize the country’s digital well-being. Moreover, the legislation encourages collaboration between different sectors to ensure a cohesive and robust defense against cyber threats. This comprehensive approach is designed to enhance the nation’s overall cybersecurity posture and make Turkey a more resilient and secure digital environment. These steps demonstrate Turkey’s commitment to safeguarding its cyber landscape in the face of growing digital threats worldwide.
