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GÜNEŞ & GÜNEŞ LAW FIRM

Technology, Software and Digital Services

Legal advisory services for software companies, technology startups and digital service providers.

Legal support in software contracts, intellectual property rights, personal data and digital service disputes.

Based in Antalya, serving all of Türkiye.

Legal support from the development of a digital product to its operation

As Güneş & Güneş Law Firm, we address the legal needs of software companies, technology startups, data center and cloud service providers, digital platforms, and businesses that purchase technology. We determine at the outset who the party to be represented is and whether there is any conflict of interest.

In technology projects, a contract is not only about price and delivery date. Product scope, usage rights, authority over data, administrative access, service continuity and the transition arrangement that applies when the contract ends should be clarified together.

Our legal services in technology and software

01 · Contracts and Delivery

Software development and project contracts

We make the scope of work, technical specification, development stages, schedule, payment, change requests and acceptance tests clear in the contract. We address website, mobile application, enterprise software and system integration projects according to their specific needs.

We arrange delay, defect, incomplete performance, maintenance and warranty provisions together with the responsibilities of the customer and the developer.

We assess staged payment, payment tied to acceptance testing, security, contractual penalty, warranty and compensation arrangements on a project-specific basis. Limits of liability and insurance provisions are reviewed by considering mandatory rules, fault and the nature of the claim.

Delivery, source code and administrative access

We determine which files, records and tests will document the delivery, and the scope of access to source code, code repository, administrator accounts, database, domain name and server.

Installation documents, backups, third-party accounts and the possibility of independent use are evaluated. Delivery of source code and transfer of intellectual property rights are separate legal matters and are governed according to the nature of the contract.

To ensure service continuity, contracts may be prepared for keeping source code and technical documents with an independent escrow agent. The update and verification arrangement, the conditions that trigger delivery and the right of use after delivery are clearly set; an escrow arrangement alone does not create a transfer of intellectual property rights.

Software licenses and intellectual property rights

We review the rights to use, reproduce, modify, distribute and sublicense, together with limits on term, territory, users and purpose of use. Ownership of contributions by employees, freelance developers and subcontractors is clarified.

The requirement that contracts on economic rights be in writing and that the rights be separately identified is taken into account. Payment of a fee alone does not mean that all rights have been transferred.

Cloud, SaaS and data center contracts

In subscription-based software services (SaaS), hosting, cloud and data center relationships, we review availability, support periods, outages, backup and liability provisions.

Service level commitments, price changes, renewal, termination, data export and transition support in case of a provider change are arranged together.

Open source and third-party components

We review the license terms of open source software, application programming interfaces (API), plug-ins and external data services. Commercial use, distribution, attribution and source code sharing obligations are assessed.

The impact of third-party components on the project, their usage fees and the continuity conditions after the contract ends are clarified.

02 · Data and Artificial Intelligence

KVKK compliance and personal data processes

We assess the roles of data controller and data processor, processing purposes, legal grounds, notice, retention and deletion processes according to the service model.

Customer, employee and user data are addressed together with data subject application management, supplier contracts and administrative measures. Explicit consent is not assumed to be the single or mandatory basis for every data processing activity.

Transfer of data abroad

We review data flows with cloud services, support teams and group companies located abroad. We assess the legal mechanism, contract and notification processes appropriate to the nature of the transfer.

We check whether standard contracts match the roles of the parties and the actual data flows. Serving foreign customers does not by itself mean that all foreign regulations apply.

Artificial intelligence projects and corporate use

In artificial intelligence development, integration and usage contracts, we review data sources, confidentiality, use for training purposes, use of outputs and the allocation of liability.

Human oversight, the risk of incorrect output, supplier terms, employee usage policies and record-keeping arrangements are determined. Dependence on third-party platforms and the conditions for exit from the service are assessed.

Cybersecurity and data breaches

In unauthorized access, data leakage, ransomware and service outages, we address the protection of records, contractual notifications and legal remedy options.

Notification requirements to the relevant authorities and individuals are assessed case by case. Technical response and digital forensics are carried out by the relevant teams; the legal process is coordinated with this work.

03 · Company and Investment

Technology investments and company transactions

In venture formation, partnership, investment, share transfer and company acquisition processes, we provide legal due diligence and contract support. Intellectual property rights, customer contracts, data obligations and personnel relations are reviewed together.

Pre-investment conditions, management authority, closing and post-transaction commitments are determined. Tax, valuation and financial audit are coordinated with separate expertise.

Employee and freelance developer relationships

We prepare employment contracts, remote work, confidentiality, trade secret, intellectual property and freelance contractor agreements. The use of subcontractors and the limits of authority are reviewed.

On termination, the validity of provisions on the transfer of accounts, devices, documents and access, as well as provisions on non-competition and customer relationships, is assessed according to the concrete circumstances.

International technology contracts

In contracts with foreign customers and suppliers, we review the governing law, competent court, arbitration, language, payment and the enforceability of decisions.

We conduct transactions connected to Türkiye in Turkish, English, German and Russian. Where foreign law or local representation is required, the scope of work is determined separately.

04 · Disputes and Protection of Rights

Digital platforms and e-commerce

For platforms, marketplaces, online subscriptions and digital content services, we review user terms, prior information, cancellation, refund and complaint processes.

The business’s status as seller, service provider or intermediary is determined. Consumer relations, e-commerce obligations and commercial electronic message practices are assessed together.

Digital marketing and agency contracts

In web development, SEO, advertising, social media and content production services, we define the work to be delivered, reporting, budget, account ownership and authority.

Delivery of advertising accounts, domain names, content and analytics data is addressed together with platform rules, intellectual property rights and post-contract access.

We review disputes over rights ownership, unauthorized use, access blocking and transfer of domain names, brands, app store, advertising and social media accounts. Transfer of accounts held by an employee or agency, and applications to platforms, are assessed on the basis of concrete authority and records.

Digital games, applications and content rights

In game development, publishing, app store and digital content contracts, we review revenue sharing, licensing, publishing authority and termination conditions.

User data, age-appropriate service design, specific considerations for children, content rights and consumer claims are addressed according to the nature of the service.

Technology disputes and evidence preparation

In claims for undelivered software, incomplete work, access blocking, license infringement, receivables and compensation, we assess the contract together with the technical records.

Based on correspondence, versions, tests, payment and access records, we determine options for formal notice (ihtar), negotiation, mediation where applicable, litigation and interim legal protection.

From the start of a project to delivery and exit from the service

  1. 01 · Scope and ownership of rights

    The need, technical specification, parties, third-party dependencies and data flows are determined. The contract, license and confidentiality terms are reviewed before the project begins.

  2. 02 · Development and acceptance

    Staged deliveries, test criteria, change approvals, payment terms and acceptance records are prepared. Legal review is carried out together with any necessary assessments by technical experts.

  3. 03 · Operation and transition

    Maintenance, support, security, backup and data transfer conditions are monitored. In case of termination or a provider change, the transfer of accounts, documents and data is planned.

Preventive corporate counsel for technology companies

By working with management, product development, sales, human resources and information technology teams, we provide regular legal support in contract and decision-making processes. Standard contracts, supplier risks, intellectual property rights, collections and data processes are addressed together.

Legal assessment when entering new products and markets; the review of management decisions, training and reporting scope are determined in the service agreement. Remote information and authorization arrangements can be set up for partners and managers located abroad.

Working method and acceptance of a matter

Request and initial assessment

Your need, the party to be represented, the dates of events and possible time limits are determined. A conflict-of-interest check is carried out; the necessary information and documents are requested.

Scope and agreement

Attorney fees and service terms are clarified and the agreement is signed. Depending on the nature of the matter, the content of the power of attorney is prepared; documents, the agreed payment and other obligations are determined.

Acceptance and follow-up

Acceptance and scope of the matter are clearly confirmed; follow-up obligations are carried out within this scope. The initial meeting, or the transfer of information or documents, does not by itself mean that the file has been accepted.

These explanations do not remove obligations arising from an attorney–client relationship established in the specific matter or from law. If there is an urgent deadline, it should be stated clearly in the first communication.

Information that may be prepared for the first consultation

Project and contract

  • Party and company information; a short description of the request.
  • Contract, offer, technical specification and license terms.
  • Delivery schedule, acceptance tests and change approvals.
  • Invoice, payment, maintenance and support records.

Dispute and technical records

  • Chronology of events and related correspondence.
  • Existing samples of access, version, test and error records.
  • Formal notices, notifications and the last application date notified.
  • If there is a data incident, the time it was learned of and the first measures taken.

Frequently asked questions about technology and software law

Which topics should a software contract include?

Scope of work, technical specification, stages, acceptance criteria, payment, ownership of rights, licenses, data, maintenance and termination conditions should be arranged together. The contract is prepared according to the product and service model.

Does paying for software give you all rights?

Not by itself. The right to use, the transfer of economic rights and access to source code are reviewed separately. Which rights are acquired, from whom and to what extent is determined by the contract and the rights ownership records.

Must source code be delivered in every software project?

No. Custom development, license and subscription models differ. The scope of source code, administrative access, installation documents and data export should be clearly agreed in the contract.

Is a project considered delivered if the software can be opened?

Not in every case. The agreed functions, acceptance tests and access rights are assessed. Providing only a viewing link may not, by itself, show that the management and usage facilities provided for in the contract have been made available.

How is data retrieved when a cloud provider is changed?

The data format, export, period, fees, transition support, account transfer and deletion confirmation should be regulated in the contract. The provider’s technical capabilities and personal data obligations are assessed together.

Does using a foreign cloud service create a data transfer?

We examine where the data is processed and who can access it. If there is a transfer abroad, the applicable transfer mechanism and the necessary contract or notifications are determined according to the actual data flow.

Can company documents be uploaded to artificial intelligence tools?

A general conclusion of suitability cannot be given without reviewing confidentiality, personal data, trade secrets and the provider’s data usage terms. A company policy should be established covering authorized use, the types of data that may be shared and human oversight.

Can open source software be used in a commercial project?

It depends on the license terms. Some licenses may include attribution, license text sharing or obligations regarding source code under specific use and distribution conditions. The components used are reviewed separately.

Is technical intervention alone sufficient in a data breach?

In addition to technical intervention, we assess the protection of records, contractual obligations and whether notification to the relevant persons or institutions is required. The period and scope are determined according to the characteristics of the incident.

Do you also represent software customers?

Legal support can be provided to the party that offers or purchases the technology service. The party to be represented, the scope of the request and the conflict-of-interest check are determined at the outset.

Which law applies to services provided to foreign customers?

The contract, the parties, the activity and the relevant countries are reviewed together. The choice of law and court does not eliminate all mandatory regulations. Any necessary foreign law review is planned separately.

What does ongoing corporate counsel cover?

Contracts, formal notices, management decisions, personnel, data and collection processes can be addressed within the agreed scope. The fee scope for litigation, special projects and transactions in foreign countries is explained separately.

How is a consultation held from abroad?

A Zoom or WhatsApp video consultation can be arranged. Please tell us your country, city, language and preferred local time. The appointment is finalized by stating both the time at your location and Türkiye time, taking summer time differences into account.

Does a consultation or sending documents amount to acceptance of a matter?

Not by itself. Acceptance is clearly confirmed within the framework of the service and fee terms, the contract, the necessary authorization and documents, and the obligations agreed. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

What does secure source code escrow provide?

It establishes a contractual arrangement for the delivery of source code and documents under agreed conditions. The scope, updates, technical verification, delivery conditions and usage rights should be explained. The provider ceasing its activity does not by itself create a right of delivery in every case.

What can be done if a domain name or digital account remains with an agency?

The registrant, contract, payment, brand and authorization documents are reviewed. A transfer request, a platform application and, if necessary, legal protection options are assessed. The outcome depends on the type of account and the concrete ownership of rights.

Can project payments be tied to delivery and acceptance?

The contract can set measurable stages, acceptance tests, the method of objection and payment conditions. The validity of security, contractual penalty and liability provisions is reviewed separately according to the parties’ capacity and the concrete relationship.

Legal areas considered together

Contract law, intellectual property, the protection of personal data, company law, employment law, consumer law and international trade are important together in technology activities. The review is planned according to the nature of the business and the specific request.

Let’s discuss the legal needs of your technology project

We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

info@gunesgunes.com+90 531 883 33 88

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