Kemal Kumkumoğlu
Selin Çetin Kumkumoğlu
Ayşegül Avcı
2024-2025 Action Plan on National Artificial Intelligence Strategy was published on the website of the Digital Transformation Office of the Presidency of the Republic of Türkiye on July 24, 2024, and was announced to the public. In August 2021, the 2021-2025 National Artificial Intelligence Strategy was published in cooperation with the Ministry of Industry and Technology of the Republic of Türkiye and the Digital Transformation Office of the Presidency of the Republic of Türkiye. Following the publication of the 2024-2025 Action Plan based on the principles of the National Artificial Intelligence Strategy, the Communiqué on the Implementation Principles of the Digital Transformation Support Program and the Communiqué on the Amendment of the Communiqué on the Implementation Principles of the Technology-Oriented Industrial Move Program were also published in the Official Gazette and entered into force.
On July 12, 2024, the European Union Artificial Intelligence Act ("AI Act"), which was published in the Official Journal of the EU and is planned to be enforced progressively, and the current developments in the field of artificial intelligence in the world and in our country have led to the need to establish the 2024-2025 Action Plan. With the 2024-2025 Action Plan on National Artificial Intelligence Strategy and the two Communiqués that entered into force thereafter, it is aimed to develop artificial intelligence technologies in line with the needs of the country and to adopt a strategy in compliance with international regulations on artificial intelligence, which is an area that is currently not regulated in our national legislation.
Strategies Adopted by the 2024-2025 Action Plan on National Artificial Intelligence Strategy
Within the scope of the 2024-2025 Action Plan on the National Artificial Intelligence Strategy, primarily six strategies have been outlined. These strategies are listed under six main headings respectively;
Training Artificial Intelligence Experts and Increasing Employment in the Field
Supporting Research, Entrepreneurship and Innovation
Expanding Access to Data Quality and Technical Infrastructure
Making Regulations to Accelerate Socioeconomic Harmonization
Strengthening Cooperation at International Level
Accelerating Structural and Workforce Transformation
It is seen that the Ministry of National Education, TÜBİTAK, Digital Transformation Office and the Ministry of Industry and Technology are primarily assigned to implement the strategies set out in the action plan. It is noted that most of the actions envisaged for the realization of the determined strategies are related to the development and use of artificial intelligence technologies, the trainings to be provided in this field and the encouragement of the studies that will be conducted.
Assessments on the 2024-2025 Action Plan of the National Artificial Intelligence Strategy Within the Framework of the EU AI Act
In the Action Plan, the strategies regarding the enactment of new regulations in our national legislation in the field of artificial intelligence are intensively emphasized. Within the scope of the actions determined for the implementation of the strategy of "Making Regulations to Accelerate Socioeconomic Harmonization", it is stated that "National regulations will be implemented in line with international norms regulating the development and use of AI systems and the supply of systems containing AI to the markets.", thus indicating that legislative acts in the field of artificial intelligence may be on the agenda in the near future.
Furthermore, it is also stated in the Action Plan that the "AI Risk Management System Certification Programme", which enables risk-oriented evaluation of artificial intelligence products, will be implemented, a "Trusted Artificial Intelligence Mark" will be developed in line with the certification mechanism for the audit and legal compliance of artificial intelligence applications, and necessary policy and legislative development studies will be carried out in order to ensure that the works within the scope of detecting, preventing and mitigating the effects of new generation cyber threats, especially those powered by artificial intelligence, directed against the assets of our country in cyberspace, will be carried out from a single source.
To make an assessment in terms of the AI Act, in accordance with the AI Act regulation, where artificial intelligence systems are classified as risk-based, it is stipulated in the Action Plan to evaluate artificial intelligence products in a risk-oriented perspective and to introduce certain registration obligations in order to develop and launch artificial intelligence products in compliance with the legislation. In this context, it has been noted that the strategies and practices included in the Action Plan are aimed to be established in accordance with the systematics in the AI Act regulation and the principles prioritized by the regulation.
Finally, the Action Plan also includes the preparation of guidelines to clarify the intellectual property rights of the contents created by artificial intelligence and the standardization of the patenting of artificial intelligence products. It is certain that developments in the field of artificial intelligence have a direct impact on Intellectual Property Law. In this context, it is very important to consider legal disputes arising from Intellectual Property Law, especially those arising from the use of generative artificial intelligence systems today, as a current issue and to include solutions to this issue in the Action Plan.
Assessments on Subsidiary Legislation Enacted in Accordance with the 2024-2025 Action Plan on National Artificial Intelligence Strategy
Following the publication of the 2024-2024 Action Plan on National Artificial Intelligence Strategy, the Communiqué on the Implementation Principles of the Digital Transformation Support Programme and the Communiqué on the Amendment of the Communiqué on the Implementation Principles of the Technology-Oriented Industrial Move Programme were published in the Official Gazette dated 26 July 2024 and entered into force.
The Communiqué on the Implementation Principles of the Digital Transformation Support Programme aims to encourage activities related to digital transformation processes and accelerate the adoption of digital technologies. In this context, the procedures and principles for the implementation of the digital transformation programme for supporting investments aimed at achieving results such as cost reduction, productivity and quality increase, employee and customer satisfaction by integrating technological products and solutions into business processes have been regulated.
The expenditure items to be considered as digital transformation expenditure within the scope of the programme and the Product List including the qualifications to be sought in these items will be determined by the Ministry.
It is regulated that corporations based in Türkiye can apply to the Programme through the Portal. The criteria sought for the investor who will submit the application are listed as follows:
The investor must have been operating for at least 5 years as of the date of application.
The investor must operate in the main field of activity determined by the Ministry and announced on the Portal.
The minimum fixed investment amount is 30 million Turkish Liras.
In addition, it is stated that the investor must submit the investment plan and the roadmap, including the digital maturity assessment prepared within the last 6 months, to the Portal during the application.
With the Communiqué on the Amendment to the Communiqué on the Implementation Principles of the Technology Oriented Industrial Move Programme, the practices regarding the evaluation of the applications and projects submitted for the relevant programmes have been amended.
Accordingly, it has been regulated that preliminary assessment, independent assessment, project assessment and final assessment processes will be carried out in the examination of programme applications.
In addition, it is also stipulated that among the investment projects decided to be supported by the Committee, the projects that fulfil the necessary conditions in the relevant decision and are deemed appropriate by the Committee based on their qualifications and support needs will be submitted to the approval of the President for support without the need for a further application and evaluation, and the Presidential Decree will be published for the investment projects deemed appropriate for support by the President.
Conclusion
2024-2025 Action Plan on National Artificial Intelligence Strategy and related regulations aim to harmonize Türkiye's national strategy in the field of artificial intelligence with international norms and accelerate the development of this technology. This plan, which includes many strategic objectives such as training artificial intelligence experts, supporting entrepreneurship and innovation, strengthening national and international cooperation, also covers controversial issues such as risk management of artificial intelligence products and protection of intellectual property rights. In this context, it is anticipated that the 2024-2025 Action Plan on National Artificial Intelligence Strategy will contribute to the expansion of the application field of artificial intelligence law in our country, especially with the strategies concerning legislative regulations.
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