Introduction
With the rapid expansion of digital business models, e-commerce platforms, fintech applications, SaaS services, and cloud-based operations, personal data protection has become one of the most critical regulatory areas for companies operating in Turkey.
Turkey’s Personal Data Protection Law (KVKK – Law No. 6698) entered into force in 2016 and is largely inspired by the EU General Data Protection Regulation (GDPR). Although not identical to GDPR, KVKK imposes strict obligations on companies processing personal data.
For both domestic and foreign investors operating in Turkey, compliance with data protection law is not optional. Administrative fines, reputational risks, and operational restrictions may arise from violations.
This article provides a comprehensive overview of data protection law in Turkey, focusing on compliance requirements, cross-border data transfer rules, sanctions, and risk mitigation strategies.
1. Legal Framework
Data protection in Turkey is governed by:
- Personal Data Protection Law (KVKK) No. 6698
- Secondary regulations and communiqués
- Decisions of the Turkish Data Protection Authority (KVKK Authority)
The Data Protection Authority is responsible for supervision and enforcement.
2. Scope of Application
KVKK applies to:
- Natural and legal persons processing personal data
- Public and private sector entities
- Companies established in Turkey
- Foreign companies processing data of individuals located in Turkey
There is no general exemption for small companies.
3. Definition of Personal Data
Personal data means:
Any information relating to an identified or identifiable natural person.
Examples include:
- Name, surname
- ID number
- Contact details
- IP address
- Biometric data
- Financial information
Sensitive personal data includes:
- Health data
- Biometric data
- Political opinions
- Religious beliefs
Sensitive data requires stricter protection.
4. Data Controller and Data Processor
KVKK distinguishes between:
Data Controller
Entity determining purposes and means of processing.
Data Processor
Entity processing data on behalf of controller.
Primary responsibility lies with data controller.
5. Lawful Grounds for Data Processing
Personal data may be processed if:
1️⃣ Explicit consent is obtained
OR
2️⃣ One of the legal bases applies, such as:
- Performance of a contract
- Compliance with legal obligation
- Protection of legitimate interests
- Establishment or defense of legal claims
Consent must be:
- Freely given
- Specific
- Informed
6. Sensitive Personal Data Processing
Sensitive data requires:
- Explicit consent
OR - Specific statutory authorization
Additional security measures are mandatory.
7. Data Controller Registry (VERBIS)
Certain companies must register with:
- Data Controllers Registry (VERBIS)
Registration obligation depends on:
- Number of employees
- Annual balance sheet size
- Nature of data processed
Failure to register may result in fines.
8. Obligation to Inform (Privacy Notice)
Data controllers must provide:
- Clear privacy notices
- Information about processing purpose
- Legal basis
- Data retention period
- Data subject rights
This obligation applies at time of data collection.
9. Data Subject Rights
Individuals have rights including:
- Access to data
- Correction
- Deletion
- Restriction of processing
- Compensation for damages
Companies must respond to requests within 30 days.
10. Cross-Border Data Transfers
Cross-border transfer is strictly regulated.
Data may be transferred abroad if:
- Explicit consent obtained
OR - Adequate protection exists in destination country
Turkey requires:
- Either adequacy decision
- Or data transfer commitment approval by Authority
This area has evolved significantly in recent reforms.
11. Data Retention and Deletion
Companies must:
- Establish data retention policy
- Delete data when purpose ceases
- Conduct periodic destruction
Unnecessary data storage is unlawful.
12. Data Security Obligations
Data controllers must implement:
- Technical safeguards
- Administrative measures
- Access control systems
- Encryption
- Employee training
Security breach may trigger mandatory notification.
13. Data Breach Notification
In case of data breach:
- Authority must be notified without undue delay.
- Affected individuals must be informed.
Failure to notify may increase sanctions.
14. Administrative Sanctions
KVKK violations may result in:
- Administrative fines
- Suspension of processing
- Reputational damage
Fines are updated annually.
Repeated violations may trigger heavier penalties.
15. Employment Data Processing
Employers process employee data for:
- Payroll
- Social security
- Performance monitoring
Employee consent may not always be sufficient due to imbalance of power.
Legal basis must be carefully assessed.
16. Marketing and E-Commerce Compliance
Direct marketing requires:
- Consent under electronic communication regulations
- Clear opt-out mechanisms
E-commerce platforms must comply with both KVKK and consumer law.
17. Interaction with GDPR
Although KVKK is inspired by GDPR:
- It is not identical.
- Cross-border transfer regime differs.
Companies operating internationally must align compliance strategies.
18. Risk Areas for Companies
Common compliance gaps include:
- Missing privacy notices
- Lack of written data processing agreements
- Improper cross-border transfer
- Incomplete security measures
Regular compliance audits are recommended.
19. Practical Compliance Steps
Companies should:
- Conduct data mapping exercise
- Prepare privacy policy
- Draft data processing agreements
- Register with VERBIS (if required)
- Establish breach response protocol
Legal review is strongly advised.
Conclusion
Data protection law in Turkey has become a central regulatory concern for companies operating in digital and data-driven environments. The Personal Data Protection Law (KVKK) imposes significant obligations on data controllers, particularly regarding lawful processing, cross-border data transfer, security measures, and transparency.
For foreign investors and multinational companies, compliance with Turkish data protection rules is essential to avoid administrative sanctions and operational disruptions. With appropriate compliance frameworks and proactive risk management, companies can ensure lawful data processing while maintaining consumer trust and regulatory security.
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