Turkey’s Personal information Cover Laws No. 6698 or Kisisel Verileri Koruma Kanunu (KVKK) arrived to force on the , just months through to the Eu enacted their groundbreaking Standard Data Coverage Control (GDPR). The fresh KVKK 's the first legislation for the Poultry one to handles personal data security and you can lines brand new courtroom debt you to definitely agencies and individuals referring to private information need comply with. Through to the enactment of your KVKK, Chicken did not have a specific legislation toward safety off private information. Investigation defense and you can cover outside several specialized sectors is managed because of just one provision from the Turkish Structure and some terms of the Turkish Penal Password. New Turkish Study Safeguards Expert (TDPA) is mainly based while the an economically and you will administratively separate supervisory authority inside early 2017. Their part is to try to enforce the brand new provisions of your own KVKK and you may increase public feel throughout the information that is personal defense. The KVKK try meant to promote Turkish laws and regulations prior to the newest EU’s Directive /EC, hence during the time ruled data cover on the Western european bloc. Yet not, the latest Directive is repealed and only the latest GDPR after the fresh KVKK in Poultry came into push. Hence, you’ll find prominent differences between the KVKK and you can GDPR, besides because Turkish study defense law is dependant on this new GDPR’s predecessor and also as the analysis coverage legislation of Turkey comes with its group of unique standards. Let us take a closer look!

That would the new KVKK apply to?

The brand new KVKK relates to one investigation controllers and you may analysis processors one to gather investigation or techniques analysis built-up from Poultry. This consists of entities receive contained in this Chicken, in addition to one overseas absolute otherwise courtroom individuals which can be running the non-public suggestions off Turkish study victims.

What information is protected within the KVKK?

Personal data means one recommendations according to a thought of otherwise identifiable absolute people. Turkey’s study protection laws and regulations also incorporates more strict terms to possess special categories off private information, for example painful and sensitive information that is personal per competition, cultural provider, political viewpoints, philosophical values, religion, sect or other philosophy, clothing, membership regarding connections, foundations, otherwise trading unions, wellness studies, pointers regarding sexual lifetime, past unlawful beliefs and you can security measures, and biometric and you will hereditary investigation.

Subscription in order to VERBIS

• Investigation controllers who have less than fifty professionals and you will a yearly equilibrium sheet below TL twenty-five mil (just as much as $step three.5 billion), for as long as their head craft does not require the control away from unique types of research;
• Data controllers which procedure studies merely because seksikkäät naiset Slovenia of the low-electronic form;
• Custom agents and you can mediators;
• Social notaries, official personal accountants, and you can attorneys;
• Relationships, fundamentals, and you will syndicates;
• Governmental events.

Incapacity to join up that have VERBIS can result in management penalties and fees off to just as much as $ or the restriction of one’s controller’s investigation processing facts.

Cross-border transmits

When you’re this type of arrangements act like the ones from the fresh new GDPR, new KVKK including allows the private Analysis Protection Authority in order to exclude the newest cross-border import of data no matter if direct concur of investigation subject is gotten in the event it considers the passions off Poultry or even the study subject will be certainly damage.

Study Infraction Notifications and you will Reaction Preparations

. Study controllers is actually forced to alert the new TDPA regarding the a data infraction within 72 days of becoming familiar with it utilizing the Study Infraction Alerts Function available with the new TDPA. Justifications the delays also needs to end up being sent to the setting. Affected data victims have to be notified of infraction also, but a certain time frame for this is not given.

Inside the exact same choice, the fresh TDPA as well as managed to make it a dependence on data controllers so you’re able to ready yourself a data Violation Reaction Bundle that has to identity a message individual be contacted in case there are a data violation. This individual could be the number one part out-of get in touch with on the TDPA and be accountable for the newest analysis of your outcomes off people breaches that can exist.

Charges

Studies controllers exactly who are not able to conform to the needs of new KVKK face administrative penalties and fees as high as whenever TL step one.5 mil (approximately $230,000), with regards to the the law of gravity of your citation. Crimes concerning the personal data, meanwhile, are influenced less than Posts 135-140 out-of Turkish Penal Password Zero. 5237.

The value of brand new penalties and fees is improved from year to year centered on new lso are-comparison values penned about Certified Gazette having Tax Procedural Legislation Communiques. Every numbers that seem on this page correspond to the new 2019 re-comparison.