Administrative Fines Within the Scope of Turkish Personal Data Protection Law and Their Impacts

The Turkish Personal Data Protection Law No. 6689 (“KVKK” and/or “the Law”) aims to ensure the lawful processing of personal data and to protect the fundamental rights and freedoms of individuals. One of the significant tools to achieve this purpose is the imposition of administrative fines on data controllers who violate the provisions of the Law. So, what do KVKK administrative fines entail, under what circumstances are they applied, and what are their effects?

Legal Basis of KVKK Administrative Fines
Article 18 of the KVKK regulates the administrative fines that may be imposed on data controllers who fail to comply with the obligations stipulated in the Law. These fines can vary in amount depending on the nature of the violation, its recurrence, the degree of fault of the data controller, and their economic capacity.

Violations Subject to Administrative Fines
Some of the violations for which administrative fines may be imposed under the KVKK include:

• Failure to fulfill the obligation of providing information (disclosure obligation),
• Failure to comply with data security obligations,
• Failure to implement decisions of the Turkish Data Protection Board,
• Failure to fulfill the obligation to register with the Data Controllers’ Registry (VERBIS),
• Failure to meet the standard contract notification obligation.

For each of these violations, the Law stipulates different minimum and maximum fine amounts, and the Board determines the specific fine amount based on the particular circumstances of the case.

Amounts of Administrative Fines and Determination Criteria
The amounts of administrative fines specified in the KVKK are updated annually according to the revaluation rate. When determining the fine amount, the Board considers various factors, including:

The nature and severity of the violation,

• Whether the violation was intentional or due to negligence,
• The degree of fault of the data controller,
• The impact of the violation on data subjects,
• The economic situation of the data controller,
• Whether the violation was repeated,
• The efforts made by the data controller to remedy the violation,
• Whether necessary measures and precautions were taken following the violation.

Effects of Administrative Fines
The primary purpose of KVKK administrative fines is to encourage data controllers to comply with the Law and to raise awareness of the importance of personal data protection. Some key effects of these fines include:

• Deterrence: High monetary fines prompt data controllers to thoroughly review their personal data processing activities and take the necessary measures.
• Awareness Raising: The imposition of fines creates awareness among both data controllers and the general public about the significance of personal data protection.
• Encouraging Compliance with the Law: Fines motivate data controllers to ensure compliance with legal requirements and to conduct their data processing activities in line with the principles of the KVKK.
• Increasing Data Subjects’ Trust: The penalization of unlawful conduct strengthens data subjects’ confidence that their personal data will be protected.

KVKK administrative fines constitute a crucial component of the personal data protection regime. They play a critical role in ensuring the effective implementation of the Law, encouraging data controllers to fulfill their obligations, and ultimately securing the protection of individuals’ personal data. Data controllers should conduct their KVKK compliance processes diligently and ensure that their personal data processing activities adhere to the legal framework to avoid facing such fines.

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