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10 Important Things You Should Know About the Turkish Personal Data Protection Law (“KVKK”)

Introduction The KVKK (Turkish Personal Data Protection Law) is a law that sets the rules for activities related to the storage, use, and transfer of personal data. The aim of this law is to ensure the privacy and security of individuals’ personal data. The KVKK regulates how personal data will be collected, how it will be processed, how long it will be retained, and with whom it will be shared.

The KVKK ensures that personal data is protected against unauthorized access, misuse, or disclosure risks.

Such laws require companies and institutions operating in various sectors to take appropriate measures to protect personal data. It also determines the administrative penalties that can be imposed on those who do not comply with the law. Here are 10 important things you should know about KVKK:

  1. What is Personal Data? Personal data is any information that relates to an identified or identifiable individual. Information such as name, address, phone number, and email address, which can identify a person, is considered personal data.
  2. Data Controller and Data Processor According to the KVKK, the data controller is the person who determines the purpose and method of processing personal data and bears the responsibility. The data processor is the person who processes personal data on behalf of the data controller according to their instructions.
  3. Processing of Personal Data The processing of personal data encompasses all kinds of activities, including collection, recording, storage, organization, modification, disclosure, transfer, reception, retrieval, usage, and destruction.
  4. Obtaining Explicit Consent and the Obligation of Information As a rule, explicit consent must be obtained from the individual for the processing of personal data. The data controller is obliged to inform the individual about how their personal data will be processed, for what purposes, and with whom it will be shared. Exceptions to this rule are provided in Articles 5 and 6 of the KVKK.
  5. Protection of Personal Data The protection of personal data refers to the responsibility of the data controller to take necessary measures to protect personal data from unauthorized access, loss, damage, or alteration. The data controller must ensure this protection by using data security policies and technical measures. Protection of personal data is a constitutional right in Turkey.
  6. Data Breaches A data breach occurs when personal data is accessed by unauthorized individuals, lost, or damaged. In the case of a data breach, the data controller must take necessary measures and notify the Personal Data Protection Authority and the affected individuals.
  7. Rights of the Data Subject The data subject has the right to obtain information about their personal data, request corrections or deletion of the data, and object to the processing of their data. The data controller is responsible for protecting these rights. The rights of the data subject are listed in Article 11 of the KVKK.
  8. Obligation to Comply with the KVKK All individuals and legal entities are obligated to comply with the KVKK. Every business that processes personal data must take the necessary precautions, ensure the protection of personal data, and act in accordance with the KVKK.
  9. Penalties and Sanctions Businesses that fail to comply with the KVKK may face severe penalties and sanctions. If the data controller fails to take the necessary precautions to protect personal data, they may be subject to high fines. You can find details about administrative fines and imprisonment penalties here.
  10. Advantages of the KVKK The KVKK offers many advantages regarding the protection and confidentiality of personal data. These advantages include the secure processing of personal data, protection of the rights of data subjects, and the establishment of a reliable business environment.

Conclusion

The KVKK is an important law concerning the protection and processing of personal data. The aim of this law is to ensure that personal data is processed securely and that the rights of the individuals concerned are protected. It is the responsibility of every business to take the necessary measures to comply with the KVKK and ensure the protection of personal data.