Turkey’s Personal information Protection Laws No. 6698 or Kisisel Verileri Koruma Kanunu (KVKK) arrived to push with the , simply months through to the Eu passed its groundbreaking General Study Defense Controls (GDPR). The new KVKK is the first rules for the Chicken you to manages personal research shelter and you may lines the fresh new courtroom obligations one entities and people referring to Venezuelan seksikkГ¤itГ¤ naisia information that is personal have to follow. Before enactment of your own KVKK, Chicken did not have a certain law to your security away from private information. Analysis safety and you may protection beyond a number of authoritative circles are managed owing to one provision from the Turkish Composition and lots of terms of your Turkish Penal Code. The newest Turkish Research Cover Authority (TDPA) is actually oriented once the an economically and you may administratively independent supervisory expert from inside the very early 2017. The role is always to demand the specifications of one’s KVKK and you may raise social sense from the information that is personal cover. The latest KVKK try meant to provide Turkish statutes in accordance with the fresh EU’s Directive /EC, and that at the time ruled analysis shelter from the European bloc. However, the latest Directive is actually repealed in favor of the GDPR once the fresh KVKK into the Chicken came into push. Thus, discover famous differences between the brand new KVKK and GDPR, besides since the Turkish studies defense law is dependent on the fresh new GDPR’s predecessor in addition to due to the fact data security laws away from Poultry has its very own selection of novel conditions. Why don’t we take a closer look!
Who does this new KVKK apply at?
This new KVKK relates to people study controllers and you will research processors one gather data otherwise processes study collected of Chicken. This can include organizations found contained in this Poultry, and one overseas pure or legal persons which might be running the non-public guidance out-of Turkish investigation sufferers.
Exactly what data is protected underneath the KVKK?
Private information means one guidance relating to an identified otherwise recognizable sheer individual. Turkey’s analysis cover legislation comes with stricter provisions for unique classes out-of personal information, including painful and sensitive personal data per battle, cultural provider, political views, philosophical viewpoints, faith, sect or any other values, outfits, membership from connectivity, foundations, or change unions, health research, recommendations connected with sexual lifetime, past violent beliefs and you can security features, and biometric and you will hereditary research.
Subscription in order to VERBIS
- Analysis controllers that have below 50 teams and you may a yearly equilibrium layer less than TL twenty five mil (whenever $3.5 mil), so long as its head craft does not require the brand new processing from special types of study;
- Investigation controllers exactly who processes analysis only by the low-electronic form;
- Custom brokers and you will mediators;
- Public notaries, certified public accountants, and solicitors;
- Connectivity, foundations, and you may syndicates;
- Political functions.
Failure to join up having VERBIS can lead to management fines off as much as approximately $ or even the limitation of one’s controller’s analysis handling issues.
Cross-border transfers
When you are such terms are like those of the GDPR, the KVKK along with allows the personal Research Defense Power to exclude the newest cross-border transfer of information no matter if direct agree of your analysis subject is acquired when it considers the passion out of Chicken or the study subject would-be definitely hurt.
Research Breach Announcements and you may Response Preparations
. Studies controllers is forced to alert the fresh new TDPA on the a data breach contained in this 72 instances of becoming conscious of it making use of the Studies Violation Alerts Means provided with the fresh TDPA. Justifications for any waits should also become sent on the setting. Inspired studies subjects should be informed of the breach as well, but a certain period of time for this isn’t specified.
Within the exact same choice, the newest TDPA plus caused it to be a requirement for study controllers so you’re able to prepare yourself a document Violation Reaction Package that have to name a message individual end up being called in case of a document violation. This person will be the top area out-of get in touch with to the TDPA and stay responsible for the new research of one’s effects out of one breaches that are present.
Penalties
Data controllers exactly who neglect to conform to the requirements of the fresh new KVKK deal with administrative penalties and fees as high as everything TL step 1.5 mil (approximately $230,000), according to the law of gravity of your own pass. Criminal activities regarding the private information, at the same time, are ruled below Stuff 135-140 out-of Turkish Penal Code No. 5237.
The value of the fresh new penalties and fees are increased every year according to the new re-comparison values had written about Official Gazette with Income tax Procedural Legislation Communiques. All of the numbers that appear on this page correspond to brand new 2019 re-analysis.