DATA PROTECTION IN TURKEY: REGULATIONS AND COMPLIANCE

WHAT IS PERSONAL DATA UNDER GDPR IN TURKEY?

Personal data has become an essential concept in today’s world, closely linked to the protection of privacy. Personal data refers to any information that can be associated with an identified or identifiable natural person. This information may involve identifying or having the potential to identify an individual.

Personal data under GDPR in Turkey encompasses all kinds of information related to identified or identifiable natural persons. To determine whether a piece of information qualifies as personal data, it must meet three key criteria:

1. Relating to a Natural Person: Personal data must belong to a natural person. Information pertaining to legal entities is generally not considered personal data. For example, a company’s trade name or address under corporate law is typically not regarded as personal data.
2. Identifying or Making the Person Identifiable: Personal data can directly identify the individual or help identify them when associated with other records. For example, a person’s name, surname, date of birth, phone number, and email address are all pieces of information that can make someone identifiable.
3. Encompassing Any Type of Information: The concept of personal data is not limited to identity information. It also includes other data that can directly or indirectly make a person identifiable. For instance, a person’s shopping habits, geographical location, and online browsing history can also be considered personal data.

The legislation of data privacy in Turkey does not provide an exhaustive list of what constitutes personal data. Instead, the definition of personal data is broad and flexible, allowing for adaptation to new types of data and data usage patterns emerging from technological advancements.

In conclusion, the concept of personal data under data protection in Turkey is fundamental to ensuring the privacy and security of individuals. Therefore, it is crucial to be careful about how personal data is collected, used, and stored. Additionally, the legislation related to the general data protection regulation must be continuously updated and properly enforced.

Examples of What Constitutes Personal Data in Turkey:

There are many types of information that can make the identity of a natural person identifiable. These include basic identity information such as name, surname, date of birth, ID number, phone number, vehicle license plate, social security number, and passport number. In the context of employment law, digital data such as resumes, photos, voice recordings, fingerprints, IP addresses, and email addresses are also included. Moreover, more complex information such as hobbies, preferences, interactions, group memberships, family information, health data, reports, and documents can also be used to identify a person.

Each of these types of information allows for the direct or indirect identification of an individual, and as such, they are considered personal data. To determine whether something is personal data, it must be assessed based on the specific circumstances, considering the data’s ability to identify the person.

WHAT IS SENSITIVE CATEGORY PERSONAL DATA?

Sensitive category personal data includes information about individuals’ race, ethnic origin, political opinions, philosophical beliefs, religious or other beliefs, clothing, membership in associations, foundations, or trade unions, health status, sexual life, criminal records, and security measures, as well as biometric and genetic data. These types of data represent private and sensitive information related to a person, and when disclosed, they increase the risk of individuals being subjected to discrimination or unfair treatment.

Sensitive category personal data is protected more stringently compared to general personal data under GDPR in Turkey because the disclosure of such data can potentially harm individuals or violate their privacy. Laws typically classify these data as “sensitive data” and impose stricter rules for their processing.

Generally, sensitive category personal data cannot be processed without the explicit consent of the individual. However, there are some legal exceptions, but the processing of such data is generally limited and does not occur without the individual’s explicit consent. Particularly, data related to health and sexual life are subject to even stricter protection compared to other special category data and generally cannot be processed without the individual’s clear and explicit consent. These regulations for GDPR in Turkey aim to protect individuals’ privacy and the confidentiality of their personal information and to prevent the misuse of sensitive data.

Sensitive category personal data often represents information that could lead to discrimination or unfair treatment or pose risks to individuals’ safety or privacy. Examples of special category personal data include:

• Health Information: Information about individuals’ health, including medical history, diagnoses, treatment history, medication use, and health reports, is a significant part of special category personal data.
• Sexual Life Information: Information regarding individuals’ sexual preferences, sexual health, and other aspects of their sexual lives also falls under sensitive category personal data.
• Political Opinions and Activities: Information about individuals’ political opinions, party memberships, political activities, and similar details are considered sensitive category personal data due to the potential for political pressure or discrimination.
• Religious or Philosophical Beliefs: Individuals’ religious or philosophical beliefs, worship practices, and memberships in religious or philosophical communities are also sensitive and private information.
• Ethnic Origin and Racial Information: Information related to individuals’ ethnic origin, race, or nationality is subject to special protection because it could lead to discrimination or racism.
• Genetic and Biometric Data: Data based on individuals’ genetic makeup or biometric characteristics, such as fingerprints, retina scans, and facial recognition, are considered special category personal data.

These examples represent a broad range of special category personal data. The protection and processing of such data are generally subject to stricter regulations under data protection in Turkey and require more rigorous rules compared to general personal data.

WHAT IS THE VERBIS REGISTRATION REQUIREMENT ACCORDING TO LAW ON PROTECTION OF PERSONAL DATA?

Under the Turkish Personal Data Protection Law No. 6698 (KVKK) and the Regulation on the Data Controllers’ Registry, companies meeting certain criteria are required to register with the Data Controllers’ Registry Information System (VERBIS). According to Article 16 of the Law, real and legal persons processing personal data must register with VERBIS before starting data processing activities. However, the procedures and principles related to the VERBIS registration requirement are determined by the Regulation of Data Privacy in Turkey.

The Law and Regulation stipulate that the procedures and principles for VERBIS registration and the deadlines for registration are announced by the Personal Data Protection Board (the Board). According to the Board’s decision dated 01.03.2021 and numbered 2021/238, the deadline for data controllers subject to the registration obligation was set as 31.12.2021. By this date, data controllers were required to register with VERBIS to cover all their data processing activities.

WHO IS REQUIRED TO REGISTER WITH VERBIS IN TURKEY?

The Data Controllers’ Registry (VERBIS) is a system where data controllers are required to register and declare information regarding their data processing activities. This system allows access to information about the data processing activities of data controllers, including their purposes, the categories of data being processed, and other relevant details.

According to the Law on Protection of Personal Data, the following information must be included in KVKK VERBIS notifications:

• The identity and address information of the data controller and, if applicable, their representative,
• The purposes for which personal data will be processed,
• The categories of data subjects and the data categories related to these subjects,
• The recipients or categories of recipients to whom personal data may be transferred,
• The personal data that is envisaged to be transferred abroad,
• The measures taken regarding personal data security,
• The maximum period for which personal data will be stored for the purposes for which they are processed.

The Personal Data Protection Board (the Board) records the data processing activities conducted by data controllers through VERBIS. These records are kept publicly accessible under the supervision of the Board.

Real and legal persons who process data are required to register with VERBIS before they begin processing data. On July 6, 2023, the Board made changes to its March 11, 2021 decision with Decision No. 2023/1154. The revised deadlines for VERBIS registration were as follows:

• For real and legal person data controllers with more than 50 employees or an annual financial balance sheet exceeding 100 million TL, as well as data controllers residing abroad, the registration deadline was extended to December 31, 2021.
• For real and legal person data controllers with fewer than 50 employees and an annual financial balance sheet of less than 100 million TL, but whose main activity involves processing special category personal data, the registration deadline was also extended to December 31, 2021.
• For public institutions and organizations, as well as professional organizations that qualify as public institutions, the registration deadline was similarly extended to December 31, 2021.

Although these deadlines were set for 2021, the requirement for VERBIS registration remains in force. The Board may still detect data controllers who have not registered with VERBIS, either ex officio or upon complaint, and impose administrative fines. Therefore, all data controllers who are obligated to register with VERBIS must ensure their registration is completed.

HOW TO REGISTER WITH VERBIS ACCORDING TO GDPR IN TURKEY?

Before registering with VERBIS, organizations need to identify their data inventory and understand which categories of data they process and the security measures they have in place. Registration with VERBIS is done exclusively online and cannot be completed in writing. All registry processes are carried out through the VERBIS system.

There are three different options for registration depending on the type of data controller:

• Real/Legal Persons Residing in Turkey
• Real/Legal Persons Residing Abroad
• Public Institutions and Organizations

Data controllers residing in Turkey register directly, while those not residing in Turkey register through an authorized representative.

The VERBIS registration process in Turkey requires the following information:

• The identity and address information of the data controller and, if applicable, their representative,
• The purposes for which personal data will be processed,
• Explanations regarding the categories of data subjects and the categories of data related to these subjects,
• The recipients or categories of recipients to whom personal data may be transferred,
• The personal data that is envisaged to be transferred abroad,
• The measures taken regarding personal data security,
• The maximum period for which personal data will be stored for the purposes for which they are processed.

Registering with the registry does not mean the institution is fully compliant with the law on data protection in Turkey. Other obligations set out in the law must also be fulfilled. The organization’s infrastructure must be aligned with the general data protection regulation, and personal data must be processed in accordance with the legal gdpr requirements.

VERBIS REGISTRATION EXEMPTIONS IN TURKEY

Under Article 16 of the Personal Data Protection Law, the Personal Data Protection Board (KVKK) has outlined specific exemptions from the obligation to register with the Data Controllers’ Registry (VERBIS). These exemptions apply to certain categories of data controllers, as follows:

1. Entities Processing Data Manually: Those who process personal data entirely through non-automated means, even if part of a data recording system.
2. Notaries: Notaries are exempt from the VERBIS registration requirement.
3. Foundations, Unions, and Associations: Only those that process personal data limited to their employees, members, affiliates, and donors, in accordance with their legal obligations and purposes.
4. Political Parties: Political parties are not required to register with VERBIS.
5. Lawyers: Individual lawyers are exempt from VERBIS registration.
6. Certified Public Accountants and Sworn-in Certified Public Accountants: This exemption applies to both independent accountants and tax advisors.
7. Mediators: Mediators, who resolve disputes through alternative dispute resolution methods, are also exempt.
8. Customs Brokers: Those involved in facilitating the clearance of goods through customs are exempt from VERBIS registration.
9. Small-Scale Data Controllers: Data controllers with fewer than 50 employees and an annual financial balance sheet total of less than 100 million TL, provided their main activity does not involve processing special category personal data.

These exemptions are primarily designed to alleviate the burden of registration for entities that either process data in limited contexts or are small in scale.

According to the Regulation on the Data Controllers’ Registry in Turkey, data controllers who are required to register with VERBIS must do so before they start processing personal data. For entities that later become data controllers after the initial registration period, they must complete their VERBIS registration within 30 days of becoming a data controller.

It is important to note that even if an entity is exempt from the VERBIS registration requirement, this does not relieve them of other obligations under the Personal Data Protection Law. They must still comply with all other legal requirements concerning the processing and protection of personal data.

WHO IS A DATA CONTROLLER?

A data controller is defined as the person or legal entity who determines the purposes and means of processing personal data and is responsible for establishing and managing the data recording system. Legal entities, including both public and private sector organizations, act as data controllers in their own right, and the legal responsibility for GDPR compliance with data protection laws lies with the entity itself.

The data controller is responsible for deciding how and why personal data is processed. This includes decisions on the collection, storage, use, and sharing of personal data. Examples of key decisions made by a data controller include:

• Where will personal data be collected?
• What types of personal data will be collected?
• For what purposes will personal data be processed?
• Which data subjects’ personal data will be collected?
• Will personal data be shared, and if so, with whom?

These decisions must be made by the data controller, who has full control over the personal data processing activities.

HOW TO REGISTER COMPANIES WITH VERBIS IN TURKEY?

1. Online Registration: Companies can only register with VERBIS online. Written applications are not accepted.

2. Options: There are three different options for companies registering with VERBIS: “Domestic Legal Entities, Foreign Legal Entities, and Public Institutions and Organizations.” Data controllers based in Turkey can register directly, while those not based in Turkey can register through an authorized representative.

3. Registration Process: Companies enter the necessary information into the system to register with VERBIS. This information includes the company’s identity and contact details, field of activity, data processing purposes, and other relevant details.

4. Registration Through a Representative: Foreign companies can register with VERBIS through a representative based in Turkey. The representative will carry out the registration process on behalf of the company.

5. Obtaining Login Credentials: After registering with the Data Controllers Registry, companies receive a “username” and “password” from the Authority. They must use these credentials to log in to VERBIS and complete the necessary notifications.

By following these steps, companies can complete their VERBIS registration in Turkey. After registration, companies should regularly log in to VERBIS to update their notifications and make necessary changes.

WHAT IS A PERSONAL DATA PROCESSING INVENTORY?

The Regulation on the Registry of Data Controllers and the Regulation on the Deletion, Destruction, and Anonymization of Personal Data impose various obligations on data controllers. One of the most important obligations is the requirement to prepare a personal data processing inventory.

A Personal Data Processing Inventory is a detailed report that data controllers prepare, outlining their personal data processing activities based on their business processes. This inventory details the purposes and legal reasons for data processing, data categories, groups of recipients to whom data is transferred, data subject groups, and the retention periods necessary for the purposes for which the personal data is processed.

HOW TO PREPARE A PERSONAL DATA PROCESSING INVENTORY?

The process involves the following steps:

1. Identification of Personal Data: The first step is for data controllers to identify the personal data they hold.
2. Determining the Characteristics of the Data: The types of personal data processed and their characteristics (e.g., identification information, health information, contact information) are determined.
3. Determining the Legal Basis: The legal basis for data processing activities is clarified.
4. Determining Data Processing Purposes: The purposes for which data processing activities are carried out are determined.
5. Determining Data Subject Groups: The groups of individuals whose data is processed (e.g., employees, customers, suppliers) are identified.
6. Determining Retention Periods: The retention periods for personal data are determined.
7. Determining Data Transfer Situations: It is determined whether personal data is transferred to another entity and the legal reasons for such transfers.
8. Determining Foreign Data Transfer Situations: It is determined whether personal data is transferred abroad and the legal reasons for such transfers.
9. Determining Security Measures: The security measures taken to protect the confidentiality of personal data are identified and their effectiveness is explained.

The Personal Data Processing Inventory helps data controllers fulfill their obligations under the Turkish Data Protection Law (KVKK) and transparently document their data processing activities.

THE IMPORTANCE OF PERSONAL DATA PROTECTION FOR COMPANIES IN TURKEY

Personal data protection is a significant responsibility for businesses and institutions, and companies must take serious steps in this regard. Under the framework of Law No. 6698 on the Protection of Personal Data (KVKK) and Commercial Law, there are several crucial steps that companies must follow:

1. Preparation of Data Policy and Data Destruction Policy: Companies need to establish a clear policy on how personal data will be processed and, when necessary, how it will be destroyed. These policies should be shared with the public. It is the first step for GDPR compliance.
2. Preparation of a Clarification Text: Before obtaining the explicit consent of individuals whose data will be processed, companies must inform them by presenting a clarification text.
3. Preparation of an Application Form: To protect personal data, companies should prepare an application form that allows individuals to exercise their rights and make it easily accessible.
4. Privacy and Cookie Policy: Companies with websites should prepare privacy and cookie policies and place them on their websites as an important measure for personal data protection.
5. Online Consent Collection: Companies that collect personal data through their websites must obtain the explicit consent of the relevant individuals online before collecting this information.
6. Personal Data Inventory and VERBIS Registration: A personal data inventory should be prepared for all personal data collected as a result of departmental activities, and this inventory should be reported to VERBIS.
7. Confidentiality Agreements: Confidentiality agreements should be established with external service providers such as financial advisors, legal advisors, call centers, and data centers.
8. Administrative and Technical Measures: Companies must take all necessary administrative and technical measures to protect the data collected for processing purposes.
9. Personal Data Breach Notification: In the event of a data breach despite all precautions, the breach must be reported to the affected individuals and the Personal Data Protection Authority within 72 hours.

INTERNATIONAL COMPANY OBLIGATIONS UNDER GDPR IN TURKEY

The responsibility of international companies in personal data security and privacy is highly significant. International Company Obligations Under GDPR in Turkey are regulated by laws and regulations.Being part of an international group does not exempt these companies and their authorities from their responsibilities. There are certain key considerations, especially regarding the transfer of personal data abroad.

When transferring personal data abroad, ensuring adequate protection is crucial. The GDPR requirements criteria set by laws and regulations must be rigorously applied. Before transferring personal data abroad, the explicit consent of the individual concerned must be obtained, and it must be ensured that adequate protection is in place in the foreign country to which the data will be transferred.

Under Law No. 6698 on the Protection of Personal Data, the Personal Data Protection Board announces the countries where adequate protection is provided. If personal data is to be transferred to a country other than these, certain criteria must be considered, including international agreements to which Turkey is a party, the purpose and duration of the data transfer, the nature and purpose of the personal data, and the sufficiency of protection promised in writing by the data controller in the foreign country. Additionally, permission from the Personal Data Protection Board is required.

Thus, being part of the same group does not eliminate the responsibility for transferring personal data to a foreign headquarters or subsidiary. In any case, it is essential to take the necessary precautions and fully comply with legal GDPR requirements during the transfer of personal data abroad. This ensures the security and privacy of personal data and GDPR compliance with legal obligations.

WHAT IS FAIR PROCESSING NOTICE UNDER GENERAL DATA PROTECTION REGULATION?

A KVKK (Personal Data Protection Law) fair processing notice is a written notification provided to data subjects before starting any personal data processing activity in Turkey. It informs them about how their data will be processed, the purposes for which it will be used, where it will be transferred, the legal grounds for data processing, the identity of the data controller, the method of data collection, and the rights of the individual whose personal data is being processed. The obligation to provide this clarification is mandated by law, and it is a compulsory duty for data controllers.

The law on protection of personal data grants individuals whose personal data is being processed the right to know for what purposes and on what legal grounds their data may be processed and to whom it may be transferred. This information must be provided by the data controller at the time of data collection in Turkey. According to Article 10 of the Law, the data controller is obliged to provide the following information to the data subjects and prepare a fair processing notice:

• The identity of the data controller and, if applicable, their representative,
• The purpose for which personal data will be processed,
• To whom and for what purpose personal data may be transferred,
• The method and legal basis of personal data collection,
• Other rights specified in Article 11 of the Law.

Even if the data processing activity is based on the explicit consent of the data subject or complies with other conditions specified in the regulations of data protection in Turkey, the data controller’s obligation to inform the data subject remains. In other words, the data subject must be informed whenever their personal data is processed. The fair processing notice serves as a written document for this notification and is crucial in ensuring that personal data is processed fairly and transparently.

VIOLATIONS OF PERSONAL DATA PRIVACY IN TURKEY

Personal data protection and privacy can be violated in various situations. For instance, if a company collects personal data without the data subject’s consent or fails to implement appropriate security measures to protect the data, it may be in violation of GDPR in Turkey. Other examples of violations include sharing personal data with third parties without consent, failing to respond to a data subject’s request for access or deletion, and retaining personal data longer than necessary.

Some examples of violation of personal data in Turkey include:

• Personal Data Breach: Unauthorized access, alteration, or destruction of personal data, or its disclosure.
• Fraudulent Activities: Obtaining personal data through deceptive or fraudulent means, such as fraud or scams.
• Usage Contrary to Processing Purposes: Using personal data for purposes other than those for which it was collected.
• Data Security Vulnerabilities: Inadequate systems or methods used for processing and storing personal data, or the presence of data security vulnerabilities.
• Data Loss: Accidental deletion, destruction, or loss of personal data.
• Lack of Information and Consent: Processing personal data without providing sufficient information or obtaining the data subject’s consent.

In such cases, personal data protection and privacy may be violated, leading to legal penalties and sanctions for violating data privacy in Turkey. Therefore, it is essential to handle the processing and protection of personal data with care.

LEGAL PROCESS FOR PERSONAL DATA BRACH AND SHARING PERSONAL DATA WITHOUT CONSENT

When personal data is shared without the consent of the data subject, the affected individual can file a complaint with the Personal Data Protection Authority (KVKK) in Turkey. The Authority is empowered to investigate companies that violate GDPR regulations and impose penalties for breaches. Depending on the severity of the violation, companies may face fines, be ordered to cease data processing activities, or even encounter criminal sanctions. Data subjects also have the right to sue companies that violate GDPR in Turkey, seeking compensation for any harm caused by the personal data breach.

1. Complaint: The data subject, upon realizing that their personal data has been shared without consent, should file a complaint. This complaint can be submitted in writing to the data controller, to the GDPR Authority, or to other relevant authorities.
2. Investigation: If the data controller acknowledges the unauthorized sharing of personal data, an investigation is initiated. This investigation is carried out by the GDPR Authority or other authorized bodies.
3. Sanctions: If the investigation confirms that unauthorized sharing has occurred, sanctions may be imposed. These sanctions can include fines, temporary or permanent suspension of the data controller’s activities, revocation of authorization certificates, and other legal penalties.
4. Compensation: If the data subject suffers damages due to the personal data breach, they may seek compensation. This compensation can be demanded from the data controller or other responsible parties as determined by a court ruling.

Personal data breach in Turkey is a serious violation and is addressed through legal processes. Data controllers must process data in GDPR compliance with data proetion in Turkey and should not share data without the data subject’s consent. Failure to adhere to these regulations can result in substantial penalties under GDPR in Turkey.

PERSONAL DATA BREACH PENALTIES IN TURKEY

Violations of obligations under the Personal Data Protection Law (KVKK) can lead to administrative fines. Various obligations related to personal data protection include the preparation of a GDPR clarification text, compliance with data processing requirements, and registration with the Data Controllers’ Registry (VERBIS). Non-compliance with these obligations may result in administrative fines, as outlined in the relevant articles of the GDPR in Turkey. The amount of these fines varies depending on the nature, duration, and other factors of the violation.

For the year 2024, the penalties for personal data breach are as follows:

• Failure to Fulfill the Obligation to Inform (Clarification Text): Between 47.303₺ and 946.308₺
• Failure to Comply with Data Processing Obligations: Between 141.934₺ and 9.463,213₺
• Failure to Comply with the Decisions of the Board: Between 263,557₺ and 9.463,213₺
• Failure to Register and Notify VERBIS: Between 189,245₺ and 9.463,213₺

These penalties are determined based on the nature and severity of the personal data breach and are applied within a specific minimum and maximum range as established by the Board.

In addition to these fines, data controllers or data processors may also face imprisonment. For example, those who unlawfully process personal data or unlawfully obtain personal data may be sentenced to imprisonment ranging from 2 to 5 years.

CONSULTING SERVICES SCOPE FOR GDPR COMPLIANCE IN TURKEY

KVKK (Personal Data Protection Law) consulting services encompass three primary areas that are crucial for ensuring compliance: Legal Consulting, Process Consulting, and Technical Consulting.

1. Legal Consulting:
   • Scope: This phase involves a thorough legal analysis of the organization’s processes. Legal consultants help create and refine the organization’s policies related to personal data and work with the data controller to ensure necessary legal adjustments.
   • Key Activities:
     • Developing data protection policies and ensuring GDPR compliance.
     • Establishing and managing data processing inventory.
     • Legal adaptations related to data processing activities.
2. Process Consulting:
   • Scope: Focuses on designing and organizing internal processes in line with the policies created by legal professionals. This stage ensures that personal data protection policies are developed and aligned with GDPR requirements.
   • Key Activities:
     • Preparing and classifying detailed data inventory reports.
     • Designing and implementing internal processes for data protection.
3. Technical Consulting:
   • Scope: Involves supporting the implemented policies and processes with relevant automation and ensuring that the system is independent of user errors. Technical consultants focus on preventing data breaches and ensuring the technical security of data privacy in Turkey.
   • Key Activities:
     • Implementing security measures to protect against data breaches.
     • Using technical knowledge and automation to enhance data security.

TECHNICAL MEASURES UNDER DATA PROTECTION IN TURKEY

Technical measures play a critical role in information security and are essential for GDPR compliance. Here are some technical measures that organizations can implement:

1. Access Matrix: Clearly define roles and permissions for users, creating an access matrix to ensure that users access only the data they need.
2. Access Control: Regularly review and adjust user access rights, removing unnecessary permissions.
3. Access Logs: Record and monitor all system access to detect unauthorized access or abnormal activities.
4. User Account Management: Protect user accounts with strong passwords, update them regularly, and deactivate unnecessary accounts.
5. Network Security: Protect all network devices with up-to-date security patches and secure network configurations.
6. Application Security: Regularly check and address security vulnerabilities in applications.
7. Encryption: Encrypt sensitive data to protect it from unauthorized access.
8. Penetration Testing: Conduct periodic penetration tests to identify and address system vulnerabilities.
9. Intrusion Detection and Prevention Systems (IDS/IPS): Use IDS/IPS systems to detect and prevent potential attacks.
10. Data Masking: Mask data used in testing and development environments to protect sensitive information.
11. Data Loss Prevention: Implement data exit controls and monitoring systems to prevent data loss.
12. Backup: Regularly back up critical data and ensure the security of backup data.
13. Firewall: Use firewalls to monitor and control network traffic.
14. Up-to-date Anti-Virus Software: Ensure all systems are protected with current anti-virus and anti-malware software.
15. Data Deletion, Destruction, and Anonymization: Ensure that data is deleted, destroyed, or anonymized when it is no longer needed.

Implementing these measures helps organizations maintain personal data security and ensure compliance with GDPR requirements. By addressing both legal and technical aspects of data protection, organizations can better safeguard personal data and adhere to legal obligations.

CONSULTING FEES FOR GDPR COMPLIANCE IN TURKEY

The fees for KVKK (Personal Data Protection Law) consulting services can vary widely based on several factors, including:

1. Company’s Industry and Data Processing Activities: The industry in which your company operates and the types of data it processes can influence the consulting fees. For example, companies in highly regulated sectors like healthcare may face more complex compliance requirements compared to other industries.
2. Company Size and Complexity: Larger organizations with more complex operations typically require more extensive consulting services, which can lead to higher fees. This includes the number of employees, the scale of data processing activities, and organizational complexity.
3. Consultant’s Experience and Expertise: Highly experienced and specialized consultants often charge higher fees. The level of expertise and the quality of services provided are reflected in their rates.
4. Scope and Duration of Services: The extent and duration of the consulting services required will impact the fees. Some consultants may offer continuous support over an extended period, while others may provide one-time services for specific projects.
5. Additional Services and Support: The inclusion of extra services such as reporting, training, and documentation can affect the overall cost. These additional services are often considered in the total consulting fee.

Given these factors, it’s important for companies to obtain a customized quote based on their specific needs and to work with consultants to create a service package that fits their GDPR requirements.

GDPR COMPLIANCE PROCESS AND GDPR COMPLIANCE CHECKLIST

To ensure compliance with GDPR, organizations should focus on creating, maintaining, and updating the necessary infrastructure. Here are some key areas to consider in the GDPR compliance process in Turkey, framed as questions for a compliance analysis:

1. Have you fulfilled your transparency obligations?
2. Have you created policies for data processing, storage, and destruction?
3. Are you aware of the exemptions and consent requirements under KVKK?
4. Do you know the conditions under which consent is not required for data processing?
5. Have you established a Personal Data Processing Inventory?
6. Have you transferred data abroad?
7. Have you created a Data Subject Application Form to manage data subject requests?
8. Have you implemented a privacy policy on your website?
9. Have you included KVKK provisions in supplier contracts?
10. Have you incorporated KVKK provisions into employee contracts?
11. Have you provided mandatory KVKK training to your staff?
12. Have you registered with the VERBİS system electronically?
13. Have you created an Access Matrix?
14. Do you have an Access Control List?
15. Are access logs being maintained?
16. How is user account management being handled?
17. Are IDS and IPS systems in place for network security? If not, what measures are being taken?

These questions serve as a comprehensive evaluation tool for assessing GDPR compliance and GDPR compliance checklist and determining the areas that need attention during the compliance process.