Av. Nur Gülmez | LL.M. Türkçe

AI Compliance and the EU AI Act

Risk classification of AI systems, obligations under the EU Artificial Intelligence Act, algorithmic liability and the design of compliance structures.

The EU Artificial Intelligence Act entered into full application for high-risk AI systems on 2 August 2026. The regulation has extraterritorial effect: Turkish companies that place products or services on the EU market fall within its scope.

The new framework requires not only technical conformity but also data governance, risk classification, transparency, human oversight and documentation processes.

In practice the decisive question is less whether liability can be established than how it is allocated at the contracting stage. Where a supply agreement does not define model performance, data quality, human oversight and incident notification obligations, the parties are left without any standard by which to apportion loss once damage occurs.

Common usage patterns

The AI usage patterns most frequently encountered in organisations, and the corresponding categories of legal risk:

Departmental practiceArea of legal risk
Transferring the customer database to generative AI toolsBreach of KVKK art. 12 · cross-border data transfer
AI-based candidate assessment in HR processesEU AI Act Annex III · high-risk system obligations
Submitting contracts and confidential commercial documents for AI analysisTrade secret breach · contractual confidentiality obligations
Transferring closed source code to AI development toolsIntellectual property · licence breach · competition law
Processing meeting recordings through AI transcription servicesKVKK art. 12 · absence of explicit consent · contractual liability

Upper limits of administrative fines

BreachUpper limit
KVKK — breach of data security obligations (art. 12)TRY 17,092,242 (2026)
KVKK — breach of the obligation to informTRY 1,709,200 (2026)
EU AI Act — prohibited practices (art. 5)EUR 35,000,000 or 7 per cent of worldwide turnover
EU AI Act — breach relating to high-risk systemsEUR 15,000,000 or 3 per cent of worldwide turnover

Areas of work

  • AI system inventory and risk classification aligned with Annex III
  • Acceptable use policy and tool authorisation framework
  • Data classification rules and approval matrix
  • AI procurement and development agreements
  • AI liability clauses in supplier and customer agreements
  • Algorithmic transparency and human oversight obligations
  • Legal liability arising from the use of AI-enabled products
  • Breach notification protocol and incident response plan
  • AI literacy programme under art. 4 of the EU AI Act

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