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Showing Posts In "Turkey" Category





VERIFICATION OF INFORMATION; A NEW PRINCIPLE DECISION FROM THE TURKISH PERSONAL DATA PROTECTION BOARD

The Turkish Personal Data Protection Board has published a new principle decision on the verification of information. The Board indicates that if there is a mistake in the contact information provided by data subjects, documents containing personal data may be mistakenly sent to third parties. Therefore, the Board emphasizes keeping personal data up-to-date and accurate […]


TURKEY: DATA PRIVACY COMPARATIVE GUIDE

In Turkey, several legislative and regulatory provisions govern data privacy, to include the Turkish Constitution of 1982; the Law on the Protection of Personal Data (6698); the Criminal Code (5237); and more. The Turkish Data Protection Authority (DPA) is responsible for enforcing the personal data protection legislation. What can the DPA do and what cannot […]


PRINCIPLE DECISION ABOUT THE PERSONAL DATA OF THIRD PARTIES ILLEGALLY PROVIDED BY DATA SUBJECTS

The Personal Data Protection Board has published a Principle Decision on the personal data of third parties illegally sent by data subjects to data controllers upon the latter’s request, such as phone numbers and e-mail addresses. According to the Principle Decision, the data controller is under an active duty of care to ensure that the […]


TRANSFER OF DATA TO THIRD PARTY

In Turkey, sensitive and non-sensitive personal data can be transferred to third parties if the explicit consent of the data subject is obtained, or if one of the additional legal grounds is applicable for the transfer. The Data Protection Law does not provide a definition for a third party; therefore, any individual or entity may […]


TRANSFER OF DATA ABROAD

In Turkey, sensitive and non-sensitive personal data can be transferred abroad if the explicit consent of the data subject is obtained. Furthermore, other legal grounds will also apply to the transfer of personal data to the foreign country. However, the destination country must have “sufficient protection” to conclude the transfer abroad based on legal grounds […]


EXPLICIT CONSENT UNDER DATA PROTECTION LAW

How is explicit consent defined under Turkey’s Data Protection Law? The data subject must know for what he/she is providing consent and must express his/her consent clearly. Further, implied consent is not lawful. However, the Data Protection Law does not require any form to obtain consent from data subjects. Therefore, there is no need to […]


DATA PROTECTION LAW IN GENERAL

The Data Protection Law is a step towards harmonizing Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection. Since the enactment of the Data Protection Law, what types of steps and directives have been taken?   Read more


DATA CONTROLLERS’ REGISTRY (VERBIS)

Pursuant to Article 16 of the Data Protection Law, an obligation to register in the Data Controllers Registry has been introduced for data controllers. What is the most important obligation regarding the Data Controllers’ Registry? And what are the qualifications of the authorized representative, who will act as a point of contact for the data […]


APPLICATION OF THE DATA PROTECTION LAW

Turkey’s Data Protection Law applies to data controllers who process and transfer personal data under their control. When data controllers utilize the services of third-party data processors for those processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to […]


AN OVERVIEW OF TURKISH DATA PROTECTION RULES FROM CRIMINAL LAW PERSPECTIVE

Although it seems that the GDPRs focus is mostly on conformity process, there is also the criminal law aspect of the matter to examine. Criminal sanctions on data protection breaches date back further than the DPA as illegal recording, distribution, receipt, transfer and non-destruction of personal data were already criminalized under the Criminal Code. Now, […]




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