Legal developments on Artificial Intelligence in 2024

There have been significant developments in the legalization and regulation of artificial intelligence both in the world and in our country in 2024.

The “Regulation (EU) No 2024/1689 laying down harmonised rules on artificial intelligence and amending Regulations”, which sets out the rules on the placing of artificial intelligence systems on the market, putting them into service and prohibiting certain applications, entered into force on August 1, 2024, and thus, the world’s first comprehensive regulation the Artificial Intelligence Act (AI Act), introducing a detailed regulation covering artificial intelligence systems developed or used within the European Union. The AI Act classifies artificial intelligence systems according to their risk levels, prohibits systems that violate human rights, states that artificial intelligence used in critical areas such as health, education and infrastructure will be subject to strict supervision and emphasizes that systems such as chat bots must comply with transparency rules. It introduces strict controls, especially for high-risk artificial intelligence applications, Various violations are regulated in the AI Act according to which, fines of up to 7% of annual global turnover, can be imposed in case of violation and audits will be carried out by national authorities and European data protection institutions.

In Turkey, there is not yet a specific law that directly regulates artificial intelligence, but the draft Artificial Intelligence Law, which came to the agenda in June 2024 and was submitted to the Grand National Assembly of Turkey, aims to ensure the safe, ethical and fair use of artificial intelligence technologies, to ensure the protection of personal data, to prevent the violation of privacy rights and to establish a regulatory framework for the development and use of artificial intelligence systems. In summary, the definition of artificial intelligence, definition of artificial intelligence provider, user, importer, distributor, operator, basic principles in the use of artificial intelligence, liability mechanisms for artificial intelligence providers, users and other actors, administrative fines applicable to artificial intelligence operators will be regulated in the law. However, the draft law has not yet been enacted and is still in the commission.

On the other hand, it is known that artificial intelligence-supported advertisements in Turkey have been penalized by the Advertising Board operating under the Ministry of Trade since 2023, especially if they contain misleading information and have the potential to deceive consumers. Administrative fines were imposed on such advertisements and commercial practices in addition to the suspension penalty if it is determined that they do not provide sufficient transparency and certainty.  For this reason, it is important that advertisements and promotions created with artificial intelligence are evaluated in accordance with the provisions of the advertising legislation in force in Turkey. In addition, as of 2024, the Personal Data Protection Authority has been closely examining the effects of artificial intelligence systems on personal data processing and storage processes and has proposed various regulations in this area.

As a result, innovations in the field of artificial intelligence law have gained momentum both in Turkey and internationally. Turkey is expected to enact a law on artificial intelligence in 2025 and complete the objectives set out in the action plan, which was previously put into practice with the Presidential Circular No. 2021/18, setting out a long-term roadmap for artificial intelligence and which has been updated as the National Artificial Intelligence Strategy 2024-2025 Action Plan in line with the 12th Development Plan, taking into account the developments and country’s needs.