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The world is taking data privacy seriously, and every day more and more countries are enacting data protection legislations to ensure the protection of personal data. Turkey was one of the first countries to start the trend of legislating data protection. Turkey drafted legislation covering personal data protection on April 07, 2016, called “Law on the Protection of Personal Data No. 6698 (LPPD).” This law is based on the European Union Data Protection Directive 95/46/EC and aims to give data subjects’ control over their personal data.
The following definitions mentioned under Article 3 of the LPPD are crucial to understanding the law:
Article 4 of LPPD states that “Personal data may only be processed in compliance with the procedures and principles set forth in this Law and other laws.” Other laws that also parallelly regulate personal data processing in Turkey are the European Union Data Protection Directive 95/46/EC and the Automatic Processing of Personal Data No. 108. Key principles required for the processing of personal data are:
LAWFULNESS AND CONFORMITY WITH RULES OF BONA FIDES
ACCURATE AND WHERE NECESSARY KEPT UP-TO-DATE
PROCESSED FOR SPECIFIED, EXPLICIT, AND LEGITIMATE PURPOSES
RELEVANT, LIMITED, AND PROPORTIONATE TO THE PURPOSES FOR WHICH THEY ARE PROCESSED
RETAINED FOR THE PERIOD OF TIME DETERMINED BY THE RELEVANT LEGISLATION OR THE PERIOD DEEMED NECESSARY FOR THE PURPOSE OF THE PROCESSING
Although under Article 5(1) of LPPD, the data subject's explicit consent is mandatory for processing personal data, personal data processing may also be allowed when one of the following conditions are established:
Under Article 11 of LPPD, the law grants rights to data subjects that they can exercise under this law. These rights are as follows:
Under Article 16 of LPPD, natural persons or legal persons who process personal data must enroll in the Data Registry of Controllers before taking any steps to process personal data. Application for enrolling must be made with a notification containing the following essentials:
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Organizations that process and transfer personal data can make compliance with the LPPD a complex task. Compliance can be a very human-intensive process and a costly affair for businesses operating in the Turkish Markets or abroad while still risking the threat of facing liabilities for non-compliance.
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The LPPD, or Law on Protection of Personal Data (Kişisel Verilerin Korunması Kanunu - KVKK), is Turkey's data protection law. It governs the processing and protection of personal data within Turkey.
The "Protection of Personal Data Numbered 6698" refers to the Turkish Personal Data Protection Law (KVKK), which is Turkey's comprehensive data protection legislation.
The Turkish Constitution protects the right to privacy in Turkey and is further regulated by the Turkish Personal Data Protection Law (KVKK), which outlines the rights and principles related to individuals' personal data.
While Turkey is not an EU member state, it has aligned its data protection laws with GDPR principles. The Turkish Personal Data Protection Law (KVKK) shares similarities with GDPR.
KVKK (Turkish Personal Data Protection Law) and GDPR (General Data Protection Regulation) have similarities in terms of protecting individuals' data privacy, but they have differences in terms of specifics and jurisdiction. KVKK applies to Turkey, while GDPR applies to the EU.
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