KVKK
Kişisel Verilerin Korunması Kanunu
Turkey's Personal Data Protection Law (KVKK) is the primary legislation governing the processing of personal data in Turkey. Inspired by the EU Data Protection Directive, it establishes a comprehensive framework for data protection, creating the Personal Data Protection Authority (KVKK) as the supervisory body. The law requires registration with VERBİS (Data Controllers Registry) and imposes strict requirements on cross-border data transfers.
Scope
- Applies to all personal data processing in Turkey
- Covers both natural and legal persons as data controllers
- Applies to automated and non-automated processing
- Extraterritorial application in certain cases
- Covers special categories of personal data with stricter requirements
Data Subject Rights
- Right to know whether personal data is processed
- Right to request information about processing
- Right to know the purpose of processing
- Right to know third parties to whom data is transferred
- Right to request rectification of incomplete or inaccurate data
- Right to request erasure or destruction
- Right to object to processing results obtained through automated systems
- Right to claim compensation for damages
Key Obligations
- Registration with VERBİS (Data Controllers Registry)
- Explicit consent for special category data
- Data breach notification to KVKK within 72 hours
- Appointment of a data controller representative
- Cross-border transfer restrictions and Board approval
- Data retention limitations and destruction obligations
- Privacy notice requirements (Aydınlatma Metni)
- Implementation of technical and administrative measures
Penalties
KVKK provides for both administrative and criminal penalties for violations. Administrative fines are updated annually based on revaluation rates.
Cross-Border Transfers
Cross-border transfers require explicit consent or adequate protection in the destination country. The KVKK Board maintains a list of countries with adequate protection (currently limited). Binding Corporate Rules (BCR) and undertaking letters can be used for transfers to countries without adequacy decisions.
Simplify KVKK Compliance
Automate compliance workflows, manage data subject requests, and demonstrate compliance with JUS.