What is Turkey’s Personal Data Protection Law (KVKK)?
The Personal Data Protection Law (KVKK), or Kişisel Verileri Koruma Kanunu in Turkish, is Turkey’s primary data privacy law. It came into force on April 7, 2016, and is largely based on the EU’s former Data Protection Directive 95/46/EC, with significant similarities to the GDPR. It is a comprehensive framework that governs the processing of personal data to protect the fundamental rights and freedoms of individuals, particularly their right to privacy.
The law is relevant to all individuals and legal entities, both within Turkey and abroad, that process the personal data of Turkish citizens. This includes companies of all sizes, across all industries and business functions. The Turkish Data Protection Authority (KVKK Authority), an independent regulatory body, is responsible for enforcing the law.
The KVKK has seen several important updates to align more closely with modern data protection standards. Recent amendments, particularly in 2024, have significantly reformed the rules for cross-border data transfers, introducing new mechanisms like standard contractual clauses (SCCs). These changes aim to make data transfers abroad more streamlined while still ensuring adequate protection. The law also places greater emphasis on proactive compliance and has increased the severity of fines for violations.
What are the requirements for KVKK compliance?
To be KVKK compliant, organizations must fulfill several key requirements and take actionable steps. The fundamental requirements are based on core data protection principles:
- Lawfulness and Fairness: Data must be processed in accordance with the law and in a fair manner.
- Accuracy and Up-to-dateness: Data must be accurate and, where necessary, kept up to date.
- Purpose Limitation: Data must be collected for specified, explicit, and legitimate purposes.
- Data Minimization: Processing should be relevant, limited, and proportionate to the purpose.
- Retention Limits: Data should be stored only for the period necessary for its purpose.
Actionable steps an organization needs to take include:
- VERBİS Registration: Many organizations must register with the Data Controllers’ Registry Information System (VERBİS). This is an online system maintained by the KVKK Authority. The registration obligation applies to data controllers with more than 50 employees and an annual financial balance sheet exceeding a certain threshold, as well as those who process sensitive personal data, regardless of their size. This is also mandatory for foreign data controllers processing the personal data of Turkish citizens.
- Obtain Consent: Obtain explicit consent from data subjects for processing their personal data unless another legal basis (such as legal obligation or legitimate interest) applies.
- Data Inventory: Create and maintain a detailed inventory of all personal data processed. This inventory should include the categories of data, purposes of processing, retention periods, and security measures.
- Implement Security Measures: Put in place technical and administrative security measures to prevent unlawful processing and unauthorized access to personal data. This includes measures like encryption, access controls, and regular security audits.
- Breach Notification: In the event of a data breach, the data controller must notify the KVKK Authority and the affected data subjects within 72 hours of becoming aware of the incident.
The KVKK Authority is the central body responsible for authorizing and enforcing compliance with the law. They have published guidelines and communiqués that provide further detail on the requirements for various sectors and data types.
Why should you be KVKK compliant?
Being KVKK compliant is essential for several reasons, from mitigating risk to building a trusted reputation.
- Avoiding Severe Penalties: The most significant risk of non-compliance is the imposition of hefty administrative fines. The KVKK Authority has actively increased enforcement and issued fines to companies for violations ranging from a failure to register with VERBİS to data breaches. Fines can reach millions of Turkish Liras. New penalties can be issued for each violation.
- Reputational Damage: Non-compliance can lead to public exposure and a loss of customer trust. Data breaches and regulatory violations are often made public, which can severely damage an organization’s brand and credibility.
- Maintaining Business Operations: The KVKK Authority can issue orders to suspend or restrict data processing activities, which can significantly limit an organization’s business operations in Turkey.
- Operational Efficiency: Achieving compliance encourages organizations to adopt better data management practices. This leads to improved data security, clearer internal policies, and more efficient data handling processes, ultimately reducing operational and security risks.
- Competitive Advantage: Demonstrating a commitment to data privacy can give an organization a competitive edge in the marketplace, as it shows customers, partners, and investors that their data is handled responsibly and securely.
How to achieve compliance?
To achieve KVKK compliance, organizations should update their privacy policies, implement robust technical and administrative data protection measures, and establish clear procedures for fulfilling data subject rights such as access, correction, and deletion. Employee training on KVKK obligations and conducting regular compliance audits are also essential to ensure ongoing adherence.
The Centraleyes platform offers a comprehensive assessment tool for KVKK (Turkey’s Personal Data Protection Law), enabling organizations to track compliance progress, identify gaps, map across different privacy laws, and access actionable guidance aligned with the regulation’s requirements. Contact us for more information.
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