Turkey’s Personal data Cover Legislation No. 6698 or Kisisel Verileri Koruma Kanunu (KVKK) came into push on the , merely days through to the European union enacted its pioneering Standard Studies Defense Regulation (GDPR). New KVKK ‘s the first legislation during the Poultry one to regulates individual data safety and you may traces new judge debt one to entities and people making reference to personal information need to follow. Before the enactment of KVKK, Chicken didn’t have a specific laws into the shelter off information that is personal. Research shelter and you may safeguards outside a few formal groups are regulated because of just one provision regarding Turkish Constitution and lots of provisions of the Turkish Penal Password. This new Turkish Studies Defense Expert (TDPA) is depending because an economically and you may administratively separate supervisory expert in the very early 2017. The part should be to enforce the new conditions of KVKK and you will improve social feel in the information that is personal safeguards. This new KVKK is actually designed to offer Turkish guidelines in line with the EU’s Directive /EC, and that at the time ruled data safety in the Western european bloc. Although not, brand new Directive was repealed in favor of the brand new GDPR shortly after the new KVKK inside Chicken arrived to push. Thus, you’ll find renowned differences between the latest KVKK and GDPR, not just because the Turkish studies safeguards law lies in the brand new GDPR’s predecessor and also given that data coverage laws of Poultry boasts a unique group of book criteria. Let’s look closer!
Who would this new KVKK affect?
The fresh KVKK pertains to people research controllers and you will studies processors that assemble analysis otherwise procedure study obtained out of Turkey. This may involve organizations found contained in this Turkey, and one käy tällä sivustolla täällä international pure or legal individuals that are running the non-public guidance out-of Turkish research sufferers.
Just what info is secure within the KVKK?
Information that is personal is defined as people guidance based on a seen or recognizable pure people. Turkey’s analysis shelter statutes also incorporates stricter conditions getting special categories regarding information that is personal, including painful and sensitive private information according to battle, ethnic origin, political opinions, philosophical values, faith, sect or any other opinions, gowns, registration from connections, fundamentals, otherwise exchange unions, health studies, advice about sexual life, early in the day unlawful beliefs and you may security measures, and you may biometric and you can hereditary studies.
Membership to VERBIS
- Study controllers with less than fifty teams and you may an annual balance layer below TL twenty five mil (up to $step 3.5 billion), so long as their head interest doesn’t need new control out of special categories of analysis;
- Studies controllers just who techniques study just of the low-electronic form;
- Custom brokers and you will mediators;
- Societal notaries, certified personal accountants, and lawyers;
- Connectivity, fundamentals, and you may syndicates;
- Political activities.
Incapacity to join up having VERBIS can lead to management fines out-of up to as much as $ or even the limit of controller’s analysis processing facts.
Cross-border transmits
If you’re these conditions resemble those of the new GDPR, the brand new KVKK also allows the private Analysis Coverage Power to help you ban the latest get across-border transfer of data no matter if direct agree of data topic was gotten whether or not it takes into account the welfare off Turkey and/or research subject will be absolutely harm.
Studies Violation Notifications and Response Plans
. Investigation controllers was compelled to alert brand new TDPA from the a data infraction within this 72 occasions of becoming alert to they using the Research Breach Notification Setting available with the new TDPA. Justifications the delays should feel delivered into the mode. Impacted analysis subjects have to be notified of the infraction too, however, a particular period of time for it is not given.
In the exact same choice, brand new TDPA and managed to get an importance of analysis controllers so you’re able to ready yourself a data Breach Reaction Package that has to name an email individual become contacted in case of a document infraction. This individual could be the number one area out-of contact on the TDPA and get guilty of the newest assessment of your outcomes from people breaches which can exist.
Punishment
Investigation controllers just who neglect to comply with the requirements of the fresh KVKK face management penalties and fees as high as whenever TL 1.5 mil (roughly $230,000), depending on the gravity of solution. Crimes about the personal data, at the same time, are governed under Content 135-140 regarding Turkish Penal Code No. 5237.
The worth of the brand new penalties and fees try enhanced on a yearly basis considering this new re-analysis philosophy blogged from the Authoritative Gazette having Income tax Procedural Rules Communiques. Most of the number that appear in this post match the latest 2019 re-review.