All you need to Know about Chicken’s Personal data Protection Legislation (KVKK)

All you need to Know about Chicken’s Personal data Protection Legislation (KVKK)

Turkey’s Personal information Shelter Rules Zero. 6698 or Kisisel Verileri Koruma Kanunu (KVKK) arrived to push towards , only days till the European union enacted the pioneering Standard Study Security Regulation (GDPR). The brand new KVKK ‘s the basic laws from inside the Poultry one regulates personal studies cover and contours brand new legal obligations that organizations and individuals talking about private information must adhere to. Before enactment of your KVKK, Poultry did not have a certain laws toward coverage off private information. Research coverage and you will security outside a few specialized sectors is actually managed compliment of a single supply on the Turkish Composition and many arrangements of the Turkish Penal Password. The new Turkish Investigation Protection Power (TDPA) try depending given that a financially and you will administratively separate supervisory expert during the very early 2017. Its character should be to impose the fresh new specifications of the KVKK and increase societal sense on information that is personal shelter. The brand new KVKK try meant to bring Turkish laws prior to this new EU’s Directive /EC, and therefore at the time governed research safeguards on Eu bloc. Yet not, the latest Directive is repealed and only the newest GDPR shortly after new KVKK during the Poultry came into push. Therefore, there are famous differences when considering the KVKK and you can GDPR, not only given that Turkish investigation safety laws is founded on brand new GDPR’s ancestor as well as while the analysis security rules out of Chicken comes with a unique number of unique requirements. Let’s take a closer look!

That would this new KVKK connect with?

The new KVKK relates to people studies controllers and you will study processors you to assemble data or processes study accumulated of Turkey. This includes organizations found within Turkey, as well as people foreign pure or courtroom individuals which can be handling the non-public information regarding Turkish analysis subjects.

Just what info is secure within the KVKK?

Information that is personal is described as any recommendations per a perceived otherwise recognizable natural people. Turkey’s studies security regulations comes with stricter conditions to own special kinds of personal data, such as for example sensitive and painful private information per battle, ethnic source, governmental views, philosophical opinions, faith, sect and other viewpoints, gowns, registration of contacts, foundations, or change unions, fitness research, pointers about sexual lifetime, prior criminal convictions and you can security features, and you will biometric and you may hereditary research.

Subscription to VERBIS

  • Investigation controllers who have below 50 teams and you may an annual harmony sheet less than TL 25 million (approximately $3.5 million), provided the chief craft doesn’t need this new running away from special categories of studies;
  • Data controllers exactly who procedure research just of the non-electronic function;
  • Individualized brokers and you will mediators;
  • Public notaries, official personal accounting firms, and lawyers;
  • Relationships, fundamentals, and you may syndicates;
  • Political parties.

Inability to join up with VERBIS can lead to administrative fines out-of to around $ or even the maximum of your own controller’s research handling activities.

Cross-edging transfers

When you are such specifications are like that from the latest GDPR, the fresh new KVKK and additionally allows the non-public Study Defense Expert to exclude new mix-edging transfer of information in the event direct concur of the studies subject is acquired whether it considers that the appeal regarding Turkey or perhaps the analysis topic was certainly hurt.

Research Infraction Notifications and you may Response Plans

. Studies controllers was forced to notify the newest TDPA regarding the a document infraction inside 72 times of becoming aware of it using the Study Breach Notice Mode provided with this new TDPA. Justifications for any waits must also end up being sent towards mode. Affected analysis sufferers have to be notified of your infraction too, however, a specific period of time for this is not specified.

Inside same choice, the fresh TDPA in addition to made it a need for studies controllers to ready yourself a document Violation Impulse Plan that must label a contact individual feel contacted if there is a data infraction. This person could be the number one part off contact towards the TDPA and be responsible for brand new analysis of your outcomes off people breaches that can be found.


Studies controllers whom don’t follow the needs of the newest KVKK deal with management penalties and fees of up to approximately TL 1.5 million (roughly $230,000), with regards to the gravity of the admission. Crimes regarding the private information, at the same time, is actually influenced around Posts 135-140 off Turkish Penal Code No. 5237.

The worth of this new penalties and fees try increased every year centered on new lso are-investigations opinions typed on Authoritative Gazette having Taxation Proceeding Rules Communiques. All amounts that appear in this post match this new 2019 re-investigations.

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