Turkey’s Personal Data Protection Law No. 6698, known as Kişisel Verileri Koruma Kanunu (KVKK), is the first law in the country that specifically regulates personal data protection. It outlines legal obligations for individuals and entities processing personal data, impacting many sectors, including law, finance, healthcare, and education. This article provides an in-depth understanding of KVKK in Turkey, its implications, and how to ensure compliance.
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ToggleData Protection and Regulation in Turkish Law
The KVKK came into force on April 7, 2016, a few weeks before the EU enacted its revolutionary General Data Protection Regulation (GDPR). The law was intended to align Turkish legislation with the EU’s Directive 95/46/EC, the predecessor to GDPR, which governed data protection in the European bloc at the time. However, the Directive was repealed in favor of the GDPR shortly after the KVKK’s enactment, leading to some key differences between the two regulations.
The core purpose of KVKK is to safeguard fundamental rights and freedoms, particularly privacy rights, with regard to personal data processing. The law sets forth obligations, principles, and procedures that bind natural or legal persons who process personal data. It also led to the establishment of the Turkish Data Protection Authority (TDPA) in 2017. The TDPA, an independent supervisory authority, enforces the law’s provisions and raises public awareness about personal data protection.
Protection of Personal Data in Turkish Law
The KVKK applies to all data controllers and data processors that collect and process data from Turkish residents. This includes entities within Turkey and any foreign individuals or entities processing the personal data of Turkish data subjects.
Definition of Personal Data
The KVKK defines personal data as any information relating to an identified or identifiable natural person. The law also includes stricter provisions for special categories of personal data, often referred to as sensitive personal data. These categories encompass data relating to race, ethnic origin, political opinions, philosophical beliefs, religion, health, sexual life, criminal convictions and security measures, and biometric and genetic data.
VERBIS Registration
One of the most significant differences between KVKK and GDPR is the mandatory registration of data controllers on VERBIS, the TDPA’s Data Controllers Registry Information System. Registration is free and must be completed before any data processing activities begin. Once registered, data controllers are expected to record all their data processing activities.
Cross-Border Data Transfers
KVKK regulates the international transfer of personal data. Such transfers are permitted with the data subject’s explicit consent if a country has a level of data protection deemed adequate by the TDPA or if data controllers commit in writing to provide an adequate level of protection in a way previously approved by the TDPA.
Data Breach Notifications and Response Plans
Under the KVKK, data controllers are obligated to notify the TDPA about a data breach within 72 hours of becoming aware of it. Affected data subjects must also be notified of the breach, but a specific time frame for this is not specified.
Legal Compliance with KVKK in Turkey
Complying with KVKK necessitates understanding its requirements and implementing measures to adhere to these rules. The legal landscape can be complex, and compliance often requires professional legal help. At Han & Partners Law Firm, we have a team of experienced attorneys who can guide you through every step of the process.
Drafting a Contract in Turkish Law
When dealing with personal data, drafting a contract that meets KVKK’s requirements is critical. It’s important to familiarize yourself with the nuances of contract drafting under Turkish law. Our team of attorneys can help you navigate this process effectively. Read more about How to draft a contract in Turkish Law.
Assigning a Contract in Turkish Law
Assigning a contract in Turkish law can be a complex process, especially when it involves the transfer of personal data. It’s crucial to understand how to assign a contract while adhering to KVKK regulations. Learn more about Assigning a Contract in Turkish Law.
Breach of Contract in Turkey
Breach of a contract involving personal data can have severe implications under the KVKK. Understanding the legal consequences and how to navigate them is crucial. Discover more about Breach of Contract in Turkey: A Comprehensive Guide.
Appealing a Court Decision in a Contract Dispute
If a court decision concerning a contract dispute involving personal data doesn’t go in your favor, you may have grounds for an appeal. Navigating the appeal process under Turkish law can be challenging, and professional legal guidance can be invaluable. Discover more about How to Appeal a Court Decision in a Contract Dispute.
Defending Yourself in a Contract Dispute
If you find yourself in a contract dispute, knowing how to defend yourself is crucial, especially when personal data is involved. Legal guidance can help ensure that your rights are protected. Learn more about How to Defend Yourself in a Contract Dispute.
FAQs About KVKK in Turkey
How does KVKK define personal data?
Under the KVKK, personal data is defined as any information relating to an identified or identifiable natural person. This includes data such as names, identification numbers, location data, online identifiers, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of a person.
What is the role of the Turkish Data Protection Authority (TDPA)?
The TDPA is a financially and administratively independent supervisory authority established in 2017. Its role is to enforce the provisions of the KVKK, raise public awareness about personal data protection, and ensure that data controllers comply with the law.
What is VERBIS and why is it important?
VERBIS is the Data Controllers Registry Information System, managed by the TDPA. It’s an online platform where data controllers must register before they can process personal data in accordance with the KVKK. The system allows the TDPA to monitor and regulate data processing activities.
What are the penalties for non-compliance with KVKK?
Non-compliance with the KVKK can result in administrative fines of up to approximately TL 1.5 million (roughly $230,000), depending on the gravity of the violation. Crimes concerning personal data are governed under Articles 135-140 of Turkish Penal Code No. 5237.
Conclusion
Complying with KVKK in Turkey is crucial for any organization that processes personal data. It’s a complex legal landscape that requires a thorough understanding and careful navigation. At Han & Partners Law Firm, we have a team of experienced attorneys who can guide you through every step of the process, ensuring that your organization remains compliant with KVKK regulations. If you need assistance with KVKK compliance or any other legal matter in Turkey, contact us today.
