Turkey’s Private information Security Legislation Zero. 6698 otherwise Kisisel Verileri Koruma Kanunu (KVKK) arrived to push into the , simply days until the Eu introduced its groundbreaking General Study Protection Control (GDPR). Brand new KVKK ‘s the very first laws in the Chicken you to definitely regulates private study defense and contours this new judge financial obligation that organizations and other people writing about personal information have to follow. Up until the enactment of the KVKK, Poultry did not have a specific legislation towards safety off information that is personal. Data cover and you will cover beyond several certified groups try managed by way of a single supply in the Turkish Structure and some arrangements of your own Turkish Penal Code. The fresh Turkish Study Security Power (TDPA) are established since the an economically and you may administratively independent supervisory authority inside the very early 2017. The role is to try to demand the fresh conditions of your own KVKK and you will increase social feeling from the personal data safeguards. This new KVKK is actually designed to render Turkish regulations in line with new EU’s Directive /EC, and that at that time influenced investigation defense regarding the Eu bloc. However, brand new Directive is repealed in support of this new GDPR immediately following the fresh KVKK into the Turkey came into force. Therefore, discover notable differences between the newest KVKK and you may GDPR, not merely while the Turkish studies safeguards legislation is founded on the brand new GDPR’s predecessor plus while the studies safeguards law of Chicken comes with a unique gang of novel criteria. Let’s look closer!
Who the fresh KVKK apply at?
Brand new KVKK applies to people investigation controllers and study processors you to gather study otherwise process studies accumulated away from Poultry. This includes agencies discover inside Poultry, and also one overseas natural or court people that will be processing the personal recommendations regarding Turkish study subjects.
Exactly what information is secure beneath the KVKK?
Private information is described as any information per an understood otherwise identifiable natural individual. Turkey’s studies protection legislation comes with more strict specifications having unique groups away from information that is personal, instance painful and sensitive private information relating to race, cultural origin, political views, philosophical viewpoints, religion, sect and other thinking, attire, registration out of connectivity, fundamentals, or trading unions, fitness studies, advice related to sexual life, earlier in the day unlawful beliefs and you may security measures, and you may biometric and hereditary analysis.
Registration so you’re able to VERBIS
- Investigation controllers that have less than 50 group and an annual equilibrium sheet lower than TL twenty-five billion (everything $3.5 million), for as long as their head craft doesn’t need new processing regarding special types of analysis;
- Studies controllers just who process analysis only of the low-electronic form;
- Custom agents and you will mediators;
- Public notaries, specialized public accounting firms, and solicitors;
- Connections, fundamentals, and you can syndicates;
- Governmental functions.
Failure to register which Honduran naiset ovat kauneimpia maailmassa have VERBIS can cause management fees and penalties out of to just as much as $ or the restriction of one’s controller’s analysis control products.
Cross-edging transfers
When you find yourself this type of arrangements act like those of the new GDPR, the new KVKK also lets the personal Investigation Coverage Authority in order to prohibit brand new mix-border import of information although explicit concur of your own research topic is received whether or not it takes into account that the hobbies off Turkey or the investigation subject might possibly be undoubtedly damage.
Investigation Infraction Announcements and you can Impulse Agreements
. Study controllers try obligated to alert this new TDPA about a document infraction within 72 days of becoming conscious of it making use of the Data Violation Notification Mode available with the new TDPA. Justifications for your delays also needs to be sent with the mode. Impacted study subjects have to be informed of violation as well, but a particular period of time for this isn’t given.
In the exact same choice, the newest TDPA together with made it an importance of analysis controllers so you can get ready a data Breach Effect Plan that has to name a contact person to be called in the eventuality of a document breach. This individual will be the primary section regarding contact with the TDPA and get responsible for brand new research of your consequences off people breaches that will occur.
Punishment
Investigation controllers whom are not able to conform to the requirements of the new KVKK face administrative fines of up to up to TL step one.5 billion (about $230,000), according to the law of gravity of your own violation. Criminal activities towards information that is personal, meanwhile, try influenced less than Stuff 135-140 of Turkish Penal Code No. 5237.
The value of the latest penalties and fees is actually improved annually predicated on the fresh new lso are-investigations thinking had written regarding the Certified Gazette which have Taxation Proceeding Rules Communiques. Every quantity that seem in this article correspond to the latest 2019 re-investigations.