Turkey’s Information that is personal Safety Law No. 6698 otherwise Kisisel Verileri Koruma Kanunu (KVKK) came into push on , simply weeks before European union enacted its groundbreaking Standard Investigation Defense Regulation (GDPR). Brand new KVKK ‘s the earliest legislation inside Turkey that manages individual research cover and outlines the fresh new https://kissbrides.com/fi/match-arvostelu/ judge debt one organizations and other people referring to information that is personal need certainly to follow. Up until the enactment of the KVKK, Poultry did not have a specific rules on shelter from personal information. Research security and you can shelter outside of a few specialized sectors try controlled courtesy an individual provision on the Turkish Composition and lots of arrangements of Turkish Penal Password. The fresh new Turkish Research Defense Power (TDPA) are mainly based just like the an economically and administratively independent supervisory authority during the very early 2017. The character would be to impose the latest arrangements of your own KVKK and raise public feel from the personal data security. The newest KVKK is actually designed to offer Turkish guidelines in line with brand new EU’s Directive /EC, and therefore at the time ruled investigation defense from the Western european bloc. not, the brand new Directive are repealed in favor of the brand new GDPR after the KVKK into the Chicken arrived to force. Hence, you will find distinguished differences when considering the fresh KVKK and you can GDPR, besides since the Turkish studies safety rules is founded on this new GDPR’s ancestor plus given that research defense rules out-of Turkey has its selection of unique conditions. Let’s take a closer look!
Who does the fresh KVKK connect with?
The fresh KVKK pertains to one studies controllers and you may analysis processors you to collect analysis otherwise process studies compiled from Chicken. This includes agencies discovered within this Chicken, but also any overseas sheer otherwise legal people that will be running the non-public information regarding Turkish study victims.
Exactly what data is protected in KVKK?
Personal data is defined as people information relating to an identified or recognizable absolute individual. Turkey’s data cover regulations comes with stricter conditions for unique classes away from personal information, such as for instance painful and sensitive personal information in accordance with battle, cultural supply, political viewpoints, philosophical viewpoints, faith, sect or any other beliefs, clothing, subscription out-of relationships, foundations, or trading unions, fitness investigation, pointers about sexual lifetime, previous criminal beliefs and security measures, and you will biometric and you can genetic analysis.
Registration to VERBIS
- Analysis controllers who have lower than 50 professionals and you may an annual balance sheet lower than TL 25 billion (as much as $step three.5 billion), provided its main activity doesn’t need brand new running out of unique kinds of analysis;
- Study controllers exactly who procedure studies simply from the non-electronic function;
- Custom brokers and mediators;
- Social notaries, authoritative social accountants, and lawyers;
- Relationships, fundamentals, and you may syndicates;
- Political events.
Inability to join up with VERBIS can result in administrative fines away from doing just as much as $ or perhaps the limit of your controller’s research running points.
Cross-border transfers
While you are these provisions resemble that from the fresh new GDPR, the fresh KVKK as well as lets the non-public Study Protection Power so you can ban brand new get across-edging import of data even though specific consent of studies subject is received if it takes into account your welfare away from Chicken or even the research topic could well be certainly damage.
Investigation Violation Notifications and you may Impulse Agreements
. Analysis controllers are forced to alert this new TDPA on the a document infraction inside 72 period of becoming aware of they using the Study Infraction Alerts Function provided by brand new TDPA. Justifications for all the delays should feel delivered into mode. Affected data victims have to be informed of your breach also, however, a specific time period for this is not specified.
Into the same decision, the brand new TDPA also managed to make it a need for data controllers in order to get ready a data Breach Impulse Package that has to title an email person to be called in the eventuality of a data infraction. This person will be the number one point off contact into TDPA and start to become accountable for the new investigations of outcomes from people breaches which can occur.
Charges
Studies controllers who neglect to conform to the requirements of the newest KVKK deal with management fines all the way to approximately TL step one.5 mil (roughly $230,000), according to gravity of your violation. Criminal activities towards private information, at the same time, is ruled around Stuff 135-140 from Turkish Penal Password Zero. 5237.
The worth of the fresh new fines is actually improved on a yearly basis considering the re-testing viewpoints composed about Certified Gazette that have Tax Proceeding Law Communiques. Every wide variety that seem in this post correspond to brand new 2019 re-comparison.