Turkey’s Information that is personal Safety Rules Zero. 6698 otherwise Kisisel Verileri Koruma Kanunu (KVKK) arrived to push on , just days before the European union passed its groundbreaking Standard Studies Security Controls (GDPR). The fresh new KVKK ‘s the very first laws for the Turkey one to handles individual studies security and contours new legal debt you to definitely organizations and folks writing on information that is personal must adhere to. Through to the enactment of your own KVKK, Chicken did not have a particular law with the shelter regarding private information. Data security and you can defense away from a few certified circles is regulated due to just one supply on Turkish Constitution and some arrangements of your own Turkish Penal Password. The brand new Turkish Study Coverage Authority (TDPA) are dependent because the an economically and administratively separate supervisory expert in the early 2017. Their character is to try to enforce this new specifications of the KVKK and you may raise public feeling from the private information security. This new KVKK is actually supposed to provide Turkish laws and regulations in line with the new EU’s Directive /EC, and therefore at the time governed research defense from the European bloc. Although not, the Directive is repealed in support of the brand new GDPR shortly after this new KVKK for the Chicken arrived to force. Therefore, there are well known differences between new KVKK and you can GDPR, besides because Turkish data defense rules lies in the newest GDPR’s ancestor and also because studies defense laws of Turkey has its very own number of novel requirements. Let’s take a closer look!
Who this new KVKK apply to?
The latest KVKK applies to any data controllers and analysis processors one to assemble data or process investigation accumulated off Chicken. This may involve entities found within this Chicken, and also people international pure otherwise courtroom persons which might be running the non-public information regarding Turkish study victims.
Just what data is safe within the KVKK?
Personal information is described as one advice according to a sensed or identifiable absolute people. Turkey’s research safety laws and regulations also includes stricter specifications to have unique classes away from personal information, particularly delicate private information according to race, cultural supply, governmental feedback, philosophical opinions, religion, sect and other thinking, attire, membership off connections, fundamentals, or trade unions, wellness studies, information related to sexual lifestyle, past unlawful convictions and you may security features, and you can biometric and you can hereditary study.
Registration to help you VERBIS
- Data controllers who possess below fifty employees and you can a yearly balance sheet less than TL twenty-five million (everything $3.5 million), for as long as their head activity doesn’t need new running of special categories of data;
- Investigation controllers exactly who techniques studies merely by the non-electronic form;
- Personalized agents and mediators;
- Personal notaries, formal social accounting firms, and lawyers;
- Relationships, foundations, and you may syndicates;
- Governmental parties.
Inability to join up having VERBIS may cause management penalties and fees off around just as much as $ or the limit of your controller’s studies control points.
Cross-edging transfers
If you are this type of terms are like the ones from the fresh new GDPR, the KVKK as well as allows the personal Study Defense Expert so you can prohibit the latest get across-edging transfer of data even when explicit agree of your analysis topic are acquired when it takes into account that the welfare out-of Turkey or the analysis topic might possibly be absolutely damage.
Research Breach Notifications and you may Response Arrangements
. Data controllers is compelled to notify the brand new TDPA on the a document infraction within 72 period to become aware of it by using the Studies Violation Alerts Setting available with new TDPA. Justifications for any waits must getting sent to your means. Affected study victims need to be informed of infraction too, but a specific time frame for it isn’t specified.
Inside the exact same decision, new TDPA in addition to made it a requirement for analysis controllers so you’re able to prepare yourself a data Infraction Effect Bundle that has to term a message individual feel contacted in case there are a document violation. This individual is the first part from contact on the TDPA and start to become responsible for the brand new assessment of one’s outcomes regarding one breaches which can can be found.
Punishment
Research controllers just who fail to follow the needs of the fresh KVKK face https://kissbrides.com/fi/kuuma-nigerian-naiset/ management fees and penalties of up to around TL step 1.5 mil (around $230,000), according to gravity of the citation. Crimes regarding the personal information, meanwhile, are ruled lower than Articles 135-140 out of Turkish Penal Password Zero. 5237.
The worth of brand new penalties and fees try increased on a yearly basis centered on the newest re also-review viewpoints had written on Official Gazette that have Taxation Procedural Legislation Communiques. Every quantity that seem in this post correspond to the latest 2019 re-comparison.