Turkey’s Personal information Safeguards Rules No. 6698 otherwise Kisisel Verileri Koruma Kanunu (KVKK) came into force on , only months till the European union passed the pioneering Standard Data Safety Controls (GDPR). Brand new KVKK ‘s the basic laws into the Poultry that regulates personal study safeguards and you may lines brand new legal obligations one to organizations and folks speaking about personal information have to conform to. Before the enactment of the KVKK, Turkey didn’t have a specific rules toward safeguards away from private information. Data cover and you may security away from a few formal sectors was regulated owing to one supply regarding Turkish Constitution and some specifications of Turkish Penal Password. The newest Turkish Research Safeguards Power (TDPA) try centered because a financially and administratively independent supervisory expert during the very early 2017. Its role is to impose the fresh specifications of your own KVKK and you will boost public awareness about private information security. The latest KVKK are meant to bring Turkish statutes in line with the fresh EU’s Directive /EC, and that at that time governed research security about European bloc. Yet not, the latest Directive are repealed in favor of new GDPR immediately following the new KVKK for the Poultry came into push. Hence, you will find popular differences between the latest KVKK and you will GDPR, just because the Turkish research coverage rules is dependent on the fresh new GDPR’s predecessor and since the research coverage law out-of Turkey is sold with its own selection of book conditions. Why don’t we take a closer look!

Who does the brand new KVKK apply at?

The fresh KVKK relates to one data controllers and you may study processors you to collect studies or process data compiled regarding Chicken. Including organizations found within Chicken, and in addition any international natural or court individuals that are handling the private recommendations off Turkish data subjects.

Exactly what data is secure within the KVKK?

Personal information is described as people pointers based on a seen otherwise identifiable natural person. Turkey’s studies safety legislation also includes more strict terms for special groups off information that is personal, particularly delicate information that is personal according to race, cultural origin, governmental feedback, philosophical thinking, faith, sect or other viewpoints, dresses, membership out of associations, foundations, otherwise change unions, health analysis, recommendations connected with sexual life, earlier unlawful beliefs and you may security measures, and you will biometric and you may hereditary studies.

Membership to help you VERBIS

• Research controllers that lower than fifty personnel and you can a yearly balance layer less than TL 25 million (around $step 3.5 billion), as long as their chief passion doesn’t need new running out of special kinds of studies;
• Study controllers whom process study merely by the low-digital means;
• Custom agents and you may mediators;
• Personal notaries, official social accountants, and solicitors;
• Associations, foundations, and you will syndicates;
• Political parties.

Failure to join up which have VERBIS can lead to management penalties and fees out-of doing as much as $ or the restriction of your own controller’s investigation control points.

Cross-edging transmits

While such terms resemble those of the brand new GDPR, the brand new KVKK plus allows the non-public Study Shelter Authority to help you prohibit brand new cross-border transfer of information even if explicit consent of your research subject is actually gotten when it considers the passions off Poultry or perhaps the investigation topic was undoubtedly harm.

Investigation Infraction Announcements and you can Response Plans

. Studies controllers are obligated to notify brand new TDPA throughout the a data violation in this 72 days to become aware of they using the Studies Breach Notification Mode available with brand new TDPA. Justifications your delays must also be delivered towards the function. Impacted studies sufferers must be notified of Laostian upeita naisia your own infraction too, but a specific time because of it is not given.

For the same choice, the fresh new TDPA as well as managed to make it a requirement for data controllers to get ready a data Breach Response Plan that must name an email person to feel contacted if there is a document breach. This person will be the primary point out-of contact towards the TDPA and stay responsible for this new evaluation of one’s effects out of any breaches which can exist.

Penalties

Studies controllers just who fail to adhere to the needs of the brand new KVKK deal with administrative fines all the way to approximately TL 1.5 million (roughly $230,000), depending on the the law of gravity of one’s ticket. Criminal activities regarding private information, at the same time, is actually influenced lower than Articles 135-140 from Turkish Penal Code Zero. 5237.

The value of the latest fines was increased annually predicated on the latest re-analysis thinking authored on Specialized Gazette which have Income tax Proceeding Legislation Communiques. All number that appear in this article match the brand new 2019 re-evaluation.