A breach of KVKK can have serious consequences in terms of administrative fines and the remedies available to data subjects. The Board's published decisions offer a strong roadmap of which behaviours lead to sanctions. This article covers the structure of the fines, the factors affecting them, and ten lessons drawn from those decisions.
The Structure of the Fines
The Board imposes administrative fines for violations such as breaching the duty to inform, failing to take data-security measures, not complying with Board decisions, and breaching VERBİS obligations. The fines have fixed lower and upper limits, updated each year by the revaluation rate; unlike the GDPR, they are not turnover-indexed.
| Type of violation | Example |
|---|---|
| Data security | Insufficient technical/administrative measures, a gap leading to a breach |
| Non-compliance with Board decision | Failure to carry out a decision |
| VERBİS | Breach of the registration obligation |
Alongside the fine, the Board can also order corrective measures such as remedying the violation, halting a particular processing activity or deleting data. In practice the real cost often comes not from the fine but from the operational burden of these measures.
Factors Affecting the Fine
- Aggravating: The scale of the violation, number of people affected, repeated violations, refusal to cooperate, sensitivity of the data.
- Mitigating: Prompt remediation, cooperation with the Board, measures reducing harm, reasonable security measures taken in advance.
Ten Lessons From Board Decisions
- Separate notice from consent: Merging the privacy notice and explicit consent into one mandatory text is a common mistake. Notice is information; consent is a separate, freely given expression of will.
- Do not tie a service to consent: Conditioning a service on consent to processing not necessary for its delivery invalidates that consent.
- Document data security: If you cannot show you took measures, it may be assumed you did not. Policies, logs and tests carry evidentiary value.
- Report breaches without delay: A delayed notification is itself grounds for a sanction; 72 hours is a practical benchmark.
- Do not over-collect: Process data that is relevant and proportionate to the purpose; "just in case" collection is risky.
- Respect retention periods: Failing to delete data whose purpose has ended is a frequent violation; a retention-disposal policy is essential.
- Respond to requests on time: Missing the 30-day deadline or giving a superficial/unreasoned answer causes problems.
- Base cross-border transfers on a lawful ground: Transferring without an appropriate safeguard is risky; cloud use is also a transfer.
- Do not neglect cookies and digital tracking: Website cookies are within the scope of audits too; tracking without consent creates risk.
- Align your VERBİS declaration with reality: A contradiction between registration and practice is among the first mistakes caught.
Example: Why the Same Mistake Brings a Repeat Fine
In a first audit, a company was found to have an incomplete privacy notice and asked to fix it. The company fixed only the page under audit and left its other channels (mobile app, call centre) unchanged. In a second complaint the same deficiency reappeared — this time assessed as a "repeated violation". The lesson: apply the fix as a systemic solution across all channels, not as a point remedy.
Recommendations for Businesses
- Run a fast, documentable response process at the moment of a breach.
- Document your compliance work in writing; undocumented compliance is, for evidentiary purposes, as good as non-existent.
- Follow Board decisions regularly and update your processes accordingly.
- When a corrective measure is ordered, apply the same fix across all similar processes.
Frequently Asked Questions
Are KVKK fines determined by turnover?
No. Unlike the GDPR, KVKK fines are not turnover-indexed; they have fixed lower and upper limits and are updated annually.
We are a small business — is our fine risk low?
The fine amount may be comparatively low, but litigation, compensation, corrective measures and reputational risks raise the total cost. Scale does not remove the compliance obligation.
Where can I follow Board decisions?
The Board shares its principle and summary decisions with the public; monitoring them regularly is critical for proactive compliance.
Can I appeal after a fine is imposed?
Board decisions can be challenged before the administrative courts. In that process, documented compliance efforts may also be assessed in your favour.
This content is for general information only and does not constitute legal advice. Always consult a lawyer for a specific dispute. With JUS. you can document your compliance work and keep it audit-ready.