The Law on the Protection of Personal Data No. 6698 (KVKK) and its secondary regulations set binding compliance obligations for all natural and legal persons processing personal data within commercial life under Turkish Law. To avoid severe administrative fines and legal sanctions, corporate entities must align their data processing activities with current statutory provisions.

Core Definitions

  • Personal Data: Any information relating to an identified or identifiable natural person (e.g., name, Turkish ID number, phone number, vehicle plate, email, IP address, photo, audio recordings, family details).
  • Processing of Personal Data: Any operation performed on personal data, such as collection, recording, storage, alteration, disclosure, transfer, or restriction of access.
  • Data Controller: The natural or legal person who determines the purposes and means of processing personal data and is responsible for establishing and managing the data filing system. Under Turkish Law, corporate entities hold the status of "Data Controller" in their own right.
  • VERBİS: The Data Controllers' Registry Information System operated by the Turkish Data Protection Authority.

I. Information Obligation of the Data Controller (KVKK Art. 10)

Under Turkish Law, the data controller is required to inform data subjects (customers, employees, visitors, etc.) at the time of personal data collection regarding:

  • The identity of the data controller and its representative, if any,
  • The purpose for which personal data will be processed,
  • To whom and for what purpose the processed data may be transferred,
  • The method and legal grounds for personal data collection,
  • The statutory rights of the data subject listed under Article 11 of the KVKK.

II. Obligation to Register with VERBİS and Statutory Exemptions

Data controllers processing personal data are statutorily required to register with VERBİS prior to commencing data processing activities. However, pursuant to decisions of the Turkish Personal Data Protection Board, data controllers whose primary activity is not processing special categories of data, having fewer than 50 annual employees and an annual financial balance sheet total under 100 million TRY, are exempted from VERBİS registration.

III. Statutory Amendments: Sensitive Data and Cross-Border Transfers

Recent legislative reforms (Law No. 7499) introduced structural changes to the Turkish data protection regime:

  • Processing Sensitive Personal Data (KVKK Art. 6): The requirement relying solely on "explicit consent" for processing sensitive data (health, biometric data, religious beliefs, etc.) has been broadened to include alternative legal grounds, such as explicit statutory authorization, establishment of legal rights, or physical impossibility.
  • Cross-Border Data Transfers (KVKK Art. 9): Relying on explicit consent for international data transfers is no longer the primary mechanism. Instead, the framework prioritizes **Adequacy Decisions** issued by the Board, **Standard Contractual Clauses (SCCs)** executed between parties, or **Binding Corporate Rules**.

IV. Administrative Sanctions and Judicial Review

Data controllers failing to fulfill their obligation to inform, failing to take data security measures, or violating VERBİS registration requirements face substantial administrative fines adjusted annually under revaluation rates. Under Turkish Law, judicial review against administrative fines and decisions issued by the Personal Data Protection Board lies exclusively before the **Administrative Courts**.

Disclaimer: The information above is provided for general guidance only and does not constitute formal legal advice. Consulting a qualified attorney for corporate KVKK compliance auditing is strongly recommended.