Turkey’s Personal Data Protection Law (Kişisel Verilerin Korunması Kanunu, “KVKK”) has undergone significant amendments that have reshaped the compliance landscape for businesses operating in Turkey. These changes represent the most substantial revision to Turkey’s data protection framework since the law first came into force in 2016.
Overview of the Amendments
The amendments introduce several important changes to the KVKK framework, bringing Turkish data protection law closer to the European Union’s General Data Protection Regulation (GDPR) in a number of respects, while retaining distinctive features of the Turkish approach.
Cross-Border Data Transfers
One of the most significant changes relates to the mechanism for cross-border data transfers. The previous regime, which required express consent in most cases or reliance on binding corporate rules approved by the Personal Data Protection Authority (KVKK Kurumu), has been replaced with a more flexible framework.
Under the new regime, businesses may transfer personal data abroad where:
- The destination country has been assessed by the Authority as providing adequate protection;
- The transferring party and recipient have entered into an undertaking approved by the Authority; or
- One of the specified conditions under the Law is met (including consent, contract performance, vital interests, and others).
This change is significant for multinational companies operating in Turkey that regularly transfer data to headquarters or affiliates abroad.
Processing Conditions
The amendments also clarify and expand the conditions under which personal data may be processed without the data subject’s explicit consent. In particular, the “legitimate interests” ground—familiar to practitioners from GDPR—has been introduced into Turkish law in a modified form.
Enforcement and Administrative Sanctions
The amendments strengthen the Authority’s enforcement powers and increase the potential administrative fines for violations. Businesses should review their existing compliance programs in light of these enhanced enforcement tools.
Practical Implications for Businesses
Companies that process personal data in Turkey—whether as data controllers or data processors—should take the following steps in response to the amendments:
Review existing consents and legal bases. Where personal data processing has relied primarily on consent, businesses should assess whether other legal bases may now be available or preferable under the amended law.
Update cross-border transfer arrangements. If your business transfers personal data from Turkey to entities outside Turkey, you should review whether your current arrangements remain compliant under the new transfer framework.
Assess third-party processor relationships. The amendments impose more detailed obligations on the relationships between data controllers and data processors. Review your data processing agreements against these new requirements.
Update privacy notices. Privacy notices should be reviewed and updated to reflect the amended legal framework and ensure they accurately describe the basis for processing and transfer of personal data.
Conclusion
The KVKK amendments represent a significant evolution of Turkey’s data protection framework. While many of the changes bring Turkish law closer to the GDPR, there are important differences that practitioners must understand. Businesses should treat the amendments as an opportunity to conduct a comprehensive review of their KVKK compliance programs.
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