The law on the protection of personal data is a branch of law that aims to safeguard individuals' private lives and to determine the rules regarding the processing of their personal data. In today's world of rapidly increasing digitalisation, it is of critical importance both to protect individuals' rights and for companies to act in accordance with these rights. So, what is the law on the protection of personal data and how can we assist you in this field?
Our Services in the Field of Personal Data Protection Law
What is Personal Data?
Personal data refers to any information that directly or indirectly identifies an individual. Elements such as name, surname, identification number, contact information, IP address and health information are considered within the scope of personal data.
Recommendations for Personal Data Privacy and Security
- Make sure the company complies with the GDPR before sharing your data.
- Protect your digital data by using strong passwords.
- In situations requiring explicit consent, read the texts presented to you carefully.
- Enquire about companies' data processing practices and lodge a complaint where necessary.
What is the Law on the Protection of Personal Data (KVKK)?
Data Protection Law No. 6698 (KVKK), is the legal regulation that determines the rules to be followed in the processing of individuals' personal data and protects the confidentiality of this data. The KVKK was enacted to ensure that personal data is processed in accordance with the law.
For what purpose was the KVKK enacted?
The KVKK has been enacted to prevent abuse and protect the rights of individuals in processes such as the sharing, processing and storage of their personal data. Especially in an era of rapidly increasing digitalisation, preventing the misuse of information regarding individuals' private lives is one of the primary objectives of the law.
The primary purpose of the Act:
- To safeguard the principle of the confidentiality of personal data,
- To protect individuals’ private lives,
- It is to regulate the rights and obligations of data controllers and individuals.
Sharing of Personal Data and Obligations under the Personal Data Protection Act
According to the KVKK, the sharing of personal data is only possible with the explicit consent of the individual concerned or in cases permitted by law. The following obligations have been introduced to ensure that data is processed lawfully:
- Duty to provide informationData owners must be clearly informed about how their data will be processed.
- Obtaining explicit consentThe consent of the individual must be obtained for the sharing or transfer of data.
- Ensuring data security: Personal data must be protected against unauthorised access and breaches.
What is Data Security Responsibility?
The responsibility for data security is the obligation of data controllers processing personal data to take the necessary technical and organisational measures to prevent the unlawful processing of such data, unauthorised access to it, and its loss. Article 12 of the Personal Data Protection Act No. 6698 forms the fundamental legal basis for this obligation.
The key obligations are as follows:
- Technical measures: Encryption, data masking, log management, secure backup and the implementation of cyber security systems.
- Administrative measures: The preparation of data protection policies, staff training, the creation of a data inventory and the conduct of regular risk analyses.
- Report a breach: In the event of a data breach, the data subject and the Personal Data Protection Authority (KVKK) must be notified as soon as possible.
- Scope of responsibility: As the party that determines the purpose and methods of data processing, the data controller is jointly liable with the data processor, who acts as a subcontractor.
Failure to comply with these obligations may result in the imposition of an administrative fine by the Personal Data Protection Authority (KVKK); in the event of unauthorised access to or disclosure of data, a custodial sentence may be imposed under Article 136 of the Turkish Penal Code (TCK).
The Personal Data Protection Act and Companies’ Obligations
KVKK has imposed many obligations on companies. These obligations directly affect departments such as IT, human resources, legal, marketing and data analytics in particular. The primary tasks that companies must perform within the scope of KVKK are as follows:
- The development of data recording systems: Companies must systematically record and safeguard personal data.
- Internal awareness training: It is important to raise employees’ awareness of the protection of personal data.
- Drafting of contracts: Contracts entered into by companies with customers or business partners must be brought into line with the KVKK.
- VERBİS registration: Registration with the Data Controllers’ Register is mandatory.
Emergency action plans: Procedures should be developed to ensure a swift response in the event of data breaches.
Our KVKK Consultancy Services in Ankara
Azel Law and Consultancy, providing legal services in Ankara, Within the scope of KVKK consultancy services, companies are provided with the following support:
Analysis of KVKK Obligations and Regulatory Compliance
The analysis of KVKK obligations and regulatory compliance service aims to examine businesses' personal data processing processes and make them compliant with legal requirements. Within the scope of this service, data security policies are established, clarification and explicit consent processes are regulated, thereby both preventing legal risks and increasing customer trust.
Improvement of Data Recording Systems
The improvement of data recording systems is a service aiming to make businesses' data processing procedures more efficient, secure and compliant with regulations. In this context, existing systems are analysed, redundant data is filtered out, data security is enhanced and processes are optimised through digitalisation. By collaborating with IT departments, data recording systems are brought into compliance with KVKK standards. Effective data recording systems not only ensure legal compliance, but also enable business processes to be accelerated and more accurate decisions to be made.
Contract Drafting and Revision Service within the Scope of the KVKK
In accordance with KVKK (Personal Data Protection Law) requirements, a service is provided for the drafting and/or revision of contracts that clients need to execute with their customers or business partners. Within this scope, provisions regarding the processing, storage and sharing of personal data are regulated within the legal framework. Thus, both legal compliance is ensured and a trust-based business relationship is established between the parties.
Internal KVKK Awareness Training and Compliance Reporting
To ensure full compliance with the obligations under the KVKK, specially prepared awareness training is provided to all relevant departments within the company (legal, human resources, marketing, public relations, etc.). The training is organised in accordance with the departments' data processing procedures and helps employees understand their legal responsibilities. In addition, current practices are evaluated through gap analysis reporting, shortcomings are identified and improvement recommendations are presented. This service supports companies in managing their KVKK compliance in a sustainable manner.
Development of Security Policies
Within the scope of the security policy development service, companies' data security strategies are established and action plans for emergencies are prepared. This process is of critical importance for preventing potential data breaches, minimising risks and ensuring compliance with legal requirements. Robust security policies ensure both the protection of data and the safeguarding of the business's reputation.
All Consultancy Services in the Field of KVKK
With our dynamic team of expert lawyers, we offer tailored solutions for your individual and corporate needs within the scope of the KVKK at our Ankara office. We provide comprehensive consultancy services in areas such as data security, compliance analysis, contract drafting, awareness training, and the development of security policies. You can contact us for more information!
Expertise and Reliability
With our legal expertise and years of experience, we are by your side even in the most complex processes.
Customer-Centric Service
By offering transparent, fast and effective solutions, we aim for the best result for you at every step.
Comprehensive Strategic Partnerships
Thanks to our strong local and international connections, we provide cross-border legal solutions.
Frequently Asked Questions in Personal Data Protection Law
Any operation such as the collection, recording, storage, preservation, alteration, disclosure or transfer of personal data is considered personal data processing.
DPA, 7th April 2016 has entered into force upon publication in the Official Gazette on the date of.
The KVKK covers individual and corporate data controllers. All natural and legal persons processing personal data are obliged to comply with the KVKK.
Explicit consent is the freely given approval by an individual for the processing of their personal data for a specific purpose. According to the PDP Law, obtaining explicit consent is generally mandatory for the processing of data.
The principles of personal data processing are as follows:
- Compliance with the law and the rules of integrity,
- Being accurate and up to date when necessary,
- Being processed for specified, explicit and legitimate purposes,
- Purpose limitation, minimisation and proportionality,
- Retention for the period stipulated by law.
VERBİS (Data Controllers' Registry Information System) is a system that data controllers are obliged to register with. This system has been established to ensure the transparency of personal data processing activities.
Individuals have the following rights within the scope of the KVKK:
- Requesting information,
- Learning whether your data is being processed,
- The right to request the rectification of inaccurate data,
- Requesting the deletion or destruction of unnecessary data.
In the event of a breach, the data controller, at the latest within 72 hours Personal Data Protection Authority’is obliged to make a notification.
In the event of a breach of the KVKK, very high administrative fines may be imposed. Furthermore, criminal liability may arise.
You can contact us for all your questions and needs in the field of personal data protection law. As Azel Law and Consultancy, we are by your side with our expert lawyers providing consultancy services within the framework of the KVKK.
