What is KVKK - GDPR?

What is KVKK - GDPR?

The Law on the Protection of Personal Data (KVKK)

Regulated upon taking international documents, Turkish constitution, Turkish Laws, comparative law practices, and the current needs of our country into consideration, this Law aims to protect the fundamental rights and freedoms of individuals, and especially the privacy of personal life by processing personal data in contemporary standards. In this context, the Law regulates the conditions of processing personal data, the basic principles to be adopted regarding the protection of personal data, the obligations of natural and legal persons who process personal data, and the procedures and principles they will comply with.

EU General Data Protection Regulation (GDPR)

In order to make the regulations on the protection of personal data compliant in the member states of the European Union, The Personal Data Processing and Free Movement Directive No. 95/46/EC was abolished in line with the new requirements regarding the protection of personal data. Afterwards, in 2018, GDPR was put into practice. In order to ensure the data security of the EU residents, the regulation essentially aims to provide them with an effective approach to privacy and security by reshaping the organizations in terms of compliance.

Protection of Personal Data

Even though the concepts of fundamental rights and freedoms, personal data, privacy and security have been in our lives since the understanding of human rights emerged, these concepts have become even more important in our daily lives in recent times when the developments regarding technology and the implementation of fundamental rights and freedoms occurred. The Law on the Protection of Personal Data (KVKK), which is of the equivalence of GDPR in Türkiye, gives us information and guides us on how to protect our personal data, along with our fundamental rights and freedoms.

Compliance Process: KVKK & GDPR Consultancy

KVKK has been put into effect in 2016 and all organizations were given a deadline until the end of April 2018 to review their personal data processes and complete their compliance with the Law.

Regardless of their organizational structures or the number of employees, all organizations in Türkiye should have completed their KVKK compliance process by 2018. The completion of compliance process means that an organization arranges and executes any kind of personal data it keeps that belong to its employees, employee candidates, suppliers, stakeholders, etc., in other words, any kind of data that is subject to the processes which define us, in accordance with the conditions stipulated by the law.

Even if your organization is located within the borders of Türkiye and provides services in Türkiye, it will not be enough for you to be in compliance with the data protection processes in Türkiye and KVKK, solely. You may also be subject to the data protection practices of EU, that is, GDPR. In this case, your compliance process to be implemented within your organization and the sustainability of which is to be followed, must cover both KVKK and GDPR. In today's world, your compliance process to be implemented should become a routine business process rather than an audit activity and personal data protection processes should be adopted as a corporate culture.

GDPR Compliance

In the Article 3 of the GDPR titled Regional Scope, it is regulated that natural or legal persons may be subject to the GDPR, even if they are not located within the borders of the European Union. In other words, it is elaborated in this article that it is possible for people who process personal data to be subject to both KVKK and GDPR. If an organization established in Türkiye process data of EU residents by any means of communication with a person resident in EU or a different method (by selling products and/or services to EU residents, using one of the languages used in the EU countries in their online systems), in this case, the organization will be subject to GDPR regarding these persons; and with regard to the data processing activities carried out in Türkiye, the organization will be subject to KVKK. That is, the organization will be obliged to fulfill the requirements of both laws.

Didn’t we have our personal data protected, before 2016?

Before KVKK came into force in 2016, there was a sanction for the unlawful acquisition, transmission and non-destruction of personal data in the Turkish Penal Code dated 12.10.2004. On 12.09.2012, with a paragraph added to the Article 20 of the Constitution, the protection of personal data has become a constitutional right. In 2016, based on the 1995 version of GDPR, the "data processing" processes that can be defined as any kind of transaction on the data were elaborated, and the terms in our lives were filled with the Constitution, Laws and International Conventions.

Data Inventory & VERBİS Registration

In the first phase, the internal organizational chart should be prepared and which personal data is processed in the departments/units within the organization should be specified by category (identity, communication, location, health, etc.). Afterwards, a data inventory should be prepared, and the following information should be included in the inventory. 

• Which personal data are processed in the specified categories (ID: Name, Surname, TR Identity Number etc.)

• Natural person whose data are processed (customer, employee, supplier, stakeholder, third parties)

• Purpose and legal reason of data processing

• What types of personal data are processed; sensitive personal data (health, race, religion) or personal data (name, contact information)

• How long the processed data will be stored/Retention periods

• Administrative and technical measures taken regarding the personal data processed

• Whether data are transferred abroad or not

In the light of the data inventory prepared, a declaration should be made to the data controllers' registry through VERBIS. It should not be forgotten that; VERBIS and Personal Data Inventory should contain parallel information and be up to date.

Sustainability

Fulfilling the requirements of KVKK should not be understood as a one-time audit, consultancy receiving, or only as fulfilling the VERBIS registration.

Even if you fulfill some of your legal obligations in this way, it is necessary to ensure continuity for compliance with the Law and ensure that the information declared is up to date.

KVKK has entered our lives in 2016 and is still a law that requires us to adapt new practices to our processes with updates. One of the directives of this law is to ensure that all our activities are always sustained in accordance with the provisions of KVKK, that our record in VERBIS, our Personal Data Inventory and other documents prepared during the compliance process are always kept up to date. Besides, it is another point stated in KVKK that audits should be carried out periodically to ensure sustainability.

At this point, the audit, consultancy and sustainability services offered by our office will determine whether your processes comply with the law; and after completing the compliance process, by monitoring whether the sustainability is ensured or not, it will provide a guarantee of protection from administrative and legal sanctions that you may face.

You can access legal regulations on the protection of personal data and current decisions published by the Turkish Personal Data Protection Board through our page on KVKK legislations.