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April 9, 2026
Draft Law on the Protection of Trade Secrets Opened for Public Consultation!
The “Draft Law on the Protection of Trade Secrets,” prepared by the Ministry of Trade, was opened for public evaluation and consultation on April 8, 2026. Along with the draft text, the general preamble and a feedback form have also been made available; interested parties are expected to submit their views and proposals to the Ministry of Trade’s General Directorate of Domestic Trade by May 15, 2026. Submissions may be made physically or via Registered Electronic Mail (KEP) and e-Government channels. The draft text will be finalized following this feedback process.
The Draft consolidates the currently fragmented regulations on the protection of trade secrets under a single umbrella, aiming to establish a more predictable and effective legal framework in this area. Additionally, alignment with the European Union’s trade secrets legislation is among the Draft’s core objectives. We have compiled the key provisions below.
- Legal Definition and Scope of Trade Secret
For the first time, the concept of a trade secret is clearly and comprehensively defined; key terms such as “trade secret holder,” “infringer,” and “infringing product” are also separately addressed. The definition adopts a “relative secrecy” approach rather than absolute secrecy, recognizing information that holds commercial value and is protected by reasonable measures as falling within the scope of trade secrets.
- Distinction Between Lawful and Unlawful Acquisition/Use
The Draft regulates in detail the circumstances under which trade secrets may be lawfully acquired (e.g., independent discovery, reverse engineering, consent) and the circumstances that constitute an infringement. Additionally, third-party liability is broadened through the “knew or should have known” criterion.
- Regulation on Exceptions (Whistleblowing and Freedom of the Press)
Disclosures made within the scope of protecting the public interest, uncovering unlawful acts, freedom of the press, and the duties of employee representatives are listed among the circumstances that do not constitute a breach of law.
- Strong Preliminary Injunction Mechanisms
In cases of suspected infringement, courts are granted broad powers such as the cessation of use and disclosure, withdrawal of infringing products from the market, and the blocking of access to or seizure of electronic data. In this respect, the Draft envisages a robust protection regime that enables particularly swift intervention.
- Protection of Trade Secrets During the Litigation Process
The Draft introduces special procedures against the risk of disclosure that arises when trade secrets enter the case file. Accordingly, the court may restrict access to the file, decide on limited participation in hearings, and restrict the sharing of documents containing trade secrets.
- Extensive Litigation and Compensation Opportunities
Trade secret holders are granted broad rights, including the determination and cessation of infringement, the collection or destruction of infringing products, redress of damages, and compensation. In calculating compensation, both loss of profit and the benefit obtained by the infringer will be taken into account.
- Criminal Sanctions
Under the Draft, acts such as the unlawful acquisition, use, or disclosure of trade secrets carry penalties of imprisonment ranging from 1 to 5 years, as well as judicial fines. Furthermore, reference is made to the Turkish Penal Code regarding the disclosure of secrets learned by virtue of one’s profession.
- Authority of Public Bodies to Request Secrets and Obligation of Confidentiality
While it is regulated that courts and public institutions may request trade secrets under certain conditions, a strict obligation of confidentiality and protection is imposed on public officials who acquire such information.
- Statute of Limitations and Competent Court
The Draft provides for a limitation period of 1 year from the date of discovery and, in any event, 5 years; as a rule, Commercial Courts of First Instance are designated as the competent courts.
