Service Agreement
"What should a B2B service agreement include under Turkish law?"
Quick Answer
A well-drafted B2B service agreement typically defines scope, deliverables, fees, timelines, performance standards, liability allocation, IP and confidentiality, and termination. Depending on the service, additional clauses on taxes, data protection, subcontracting, penalties, and dispute resolution may be essential under Turkish practice.
Legal Framework in Turkey
Service agreements in Turkey are generally governed by the Turkish Code of Obligations No. 6098, but the applicable legal regime depends on the nature of the service (e.g., mandate/agency-type services, work contract, or employment). In commercial settings, relevant provisions of the Turkish Commercial Code No. 6102 and sector-specific rules may also apply.
Key Points to Remember
- Turkish Code of Obligations applies to most commercial contracts
- Freedom of contract is a fundamental principle, with some mandatory provisions
- Written form may be required for certain agreements
- Choice of law clauses are generally respected in international contracts, subject to Turkish overriding mandatory rules and public policy limitations, and depending on the specific contract type
Drafting Considerations
When drafting contracts involving service agreement, attention should be paid to Turkish-specific requirements and practices. Bilingual contracts (English-Turkish) are common for international transactions.
Including appropriate dispute resolution mechanisms, clear governing law provisions, and well-defined obligations helps prevent future conflicts and supports enforceability in practice.
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We share general information on B2B commercial contracts and service level agreements (SLAs) in Türkiye. Contacting us does not create a lawyer client relationship.
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