Many companies operating in Türkiye must comply not only with the Turkish Personal Data Protection Law (KVKK, Law No. 6698) but also with the EU General Data Protection Regulation (GDPR). Any Turkish business that serves customers in Europe, processes the data of EU-resident individuals, or is part of a global supply chain has to manage both regimes at once.
The good news: KVKK largely follows the path of the GDPR (or rather its predecessor, Directive 95/46/EC), so the two are conceptually close. The bad news: that similarity hides critical differences that can catch you off guard. This guide compares the two regimes section by section and shows how to manage both with a single compliance programme.
What Are KVKK and the GDPR?
KVKK is the core law governing the processing of personal data in Türkiye, in force since 7 April 2016. It is enforced by the Personal Data Protection Authority and its decision-making body, the Personal Data Protection Board.
The GDPR is a regulation directly applicable across all EU member states since 25 May 2018. Each member state has one or more Supervisory Authorities.
Scope and Territorial Reach
One of the most fundamental differences is territorial scope.
- The GDPR applies extraterritorially through the "establishment" and "targeting" criteria: even if you are outside the EU, you may be subject to it if you offer goods/services to, or monitor the behaviour of, people in the EU.
- KVKK covers natural and legal persons processing personal data in Türkiye. Its extraterritorial reach is less explicit and developed than the GDPR's, though foreign actors targeting data subjects in Türkiye may fall within scope in practice.
Both laws protect only the data of natural persons; legal-entity data is out of scope.
Comparing Core Concepts
The two regimes share largely the same concept set, but terms and some thresholds differ.
| Concept | KVKK | GDPR |
|---|---|---|
| Party processing on behalf | Veri İşleyen | Processor |
| Consent standard | Explicit consent (free, specific, informed) | Consent (freely given, specific, informed, unambiguous) |
| Sensitive data | Special-category personal data | Special categories of data |
| Record-keeping | VERBİS registration | Article 30 records (ROPA) |
| Authority | Personal Data Protection Board | Supervisory Authorities (SA) |
| Designated person | Contact person / representative | Data Protection Officer (DPO) |
Note: the GDPR's DPO is not the same as KVKK's contact person. The DPO is an independent, expert role, whereas the contact person is mainly designated for communication with VERBİS and the Board.
Legal Bases for Processing
Every processing activity must rest on a legal basis, and in both regimes explicit consent is a last resort.
- The GDPR (Article 6) lists six legal bases: consent, performance of a contract, legal obligation, vital interests, public task and legitimate interests.
- KVKK (Article 5) sets out exceptions beyond explicit consent, including legal obligation, establishment/performance of a contract, establishment or exercise of a right, and legitimate interest.
Common principle: if another legal basis applies, seeking consent as well is unnecessary and incorrect. If you rely on consent, ensure it can be withdrawn at any time.
Data-Subject Rights
Both regimes grant strong rights, but scope and naming differ somewhat.
| Right | KVKK (Article 11) | GDPR |
|---|---|---|
| Rectification | Yes | Yes (Art. 16) |
| Erasure | Yes | Yes (Art. 17 — "right to be forgotten") |
| Objection to processing | Limited (objection to automated outcomes) | Yes (Art. 21) |
| Data portability | Not explicitly regulated | Yes (Art. 20) |
| Compensation for damages | Yes | Yes |
Response time: under KVKK the controller must conclude a request within 30 days at the latest. Under the GDPR the baseline is one month (extendable for complex requests).
International Data Transfers
This is historically the area of greatest divergence — but the 2024 reform brought KVKK much closer to the GDPR.
- The GDPR permits transfers through three routes: an adequacy decision, appropriate safeguards (standard contractual clauses/SCCs, binding corporate rules/BCRs) or derogations.
- KVKK, following the 2024 amendment, moved to a similar tiered structure: an adequacy decision, appropriate safeguards (standard contract, binding corporate rules, undertaking) and certain incidental derogations. There are procedural obligations, such as notifying standard contracts to the Board within a set period.
Practical upshot: you no longer have to obtain explicit consent for every cross-border transfer; choosing the right safeguard mechanism is a more sustainable path.
Data Breach Notification
- The GDPR requires notification to the supervisory authority within 72 hours of becoming aware of a breach; data subjects are also informed where there is high risk.
- KVKK requires notification "as soon as possible"; Board practice has effectively fixed this at 72 hours. Affected individuals are also expected to be informed.
In both regimes a breach response plan and incident records are essential.
Administrative Fines
The penalty structure differs significantly.
- The GDPR provides for fines of up to EUR 20 million or 4% of global annual turnover (whichever is higher), depending on the type of violation.
- KVKK is not turnover-indexed; it applies fixed administrative fines with lower and upper limits, updated each year by the revaluation rate.
Because they are not turnover-indexed, KVKK fines can look comparatively low for large companies — but reputational damage, litigation risk and the binding nature of Board decisions raise the total cost.
Overlaps: Common Ground
Despite the differences, the two regimes share the same backbone:
- A culture of accountability and documentation
- Purpose limitation, data minimisation and retention discipline
- Privacy by design and by default
- Mandatory written contracts with data processors
- Transparency/notice duties and strong data-security measures
This common ground makes it possible to comply with both regimes through a single programme.
Complying With Both: A Practical Mapping
Instead of running two separate programmes, build a single framework that takes the highest standard as its baseline. The checklist below is a starting point:
- Keep a single data inventory that satisfies both VERBİS and Article 30 (ROPA).
- Document the legal basis for each processing activity; avoid over-reliance on consent.
- Merge your privacy notices to meet the transparency requirements of both regimes.
- Build the data-subject request process as one flow aligned to the shortest deadline (30 days / one month).
- Put standard contract/BCR mechanisms in place for cross-border transfers.
- Prepare a 72-hour breach response plan covering both authorities.
- Standardise data-processor contracts with security commitments.
- Institutionalise a retention and disposal policy and regular audit/review.
Frequently Asked Questions
If I comply with KVKK, am I automatically GDPR-compliant?
No. There is conceptual proximity, but differences such as data portability, extraterritorial scope and penalty structure mean a separate GDPR assessment is required.
Is explicit consent still mandatory for cross-border transfers?
After the 2024 reform, no. Appropriate safeguards such as a standard contract, binding corporate rules or an adequacy decision are preferred; explicit consent is a last resort.
Do I have to appoint a GDPR-style DPO for KVKK too?
KVKK does not impose a "DPO" requirement; it provides for a contact person under VERBİS and a representative for foreign controllers. If you are subject to the GDPR, a DPO may additionally be required.
Is a single privacy notice enough for both regimes?
A combined notice can usually be designed, but make sure it covers the GDPR's additional transparency items (e.g. retention criteria, transfer safeguards, DPO contact).
Which regime has heavier penalties?
In absolute terms the GDPR (turnover-indexed) is generally higher; but KVKK fines should be assessed together with litigation and reputational risk.
This content is for general information only and does not constitute legal advice. Consult a professional for an assessment specific to your organisation. With JUS. you can manage your KVKK and GDPR compliance from a single platform — request a demo for cookie scanning, data inventory and request management.