Turkey’s Personal information Safeguards Rules No. 6698 or Kisisel Verileri Koruma Kanunu (KVKK) came into push to the , simply weeks till the European union passed the groundbreaking General Study Safety Regulation (GDPR). The brand new KVKK ‚s the earliest rules when you look at the Poultry you to controls individual study safeguards and lines the brand new judge debt you to agencies and folks writing on private information need certainly to adhere to. Through to the enactment of the KVKK, Poultry didn’t have a specific rules on the security regarding private information. Analysis shelter and you will safeguards outside of a number of specialized circles is regulated using a single provision on Turkish Composition and several arrangements of your own Turkish Penal Password. This new Turkish Studies Security Authority (TDPA) try centered while the a financially and you may administratively independent supervisory expert inside early 2017. The character should be to demand the fresh conditions of KVKK and you can raise public awareness on personal information security. The fresh KVKK are supposed to provide Turkish rules relative to brand new EU’s Directive /EC, and that during the time ruled research cover from the Eu bloc. But not, the newest Directive was repealed in support of new GDPR just after the brand new KVKK in Turkey came into push. Thus, you’ll find popular differences when considering the new KVKK and GDPR, not simply since the Turkish research cover rules lies in this new GDPR’s predecessor and in addition since the studies safeguards law regarding Turkey comes with its own group of book conditions. Let us look closer!
Who the new KVKK connect with?
New KVKK pertains to people investigation controllers and research processors one to collect study or techniques investigation built-up of Turkey. Including agencies found in this Poultry, and also people international natural or courtroom individuals which might be running the personal information off Turkish research victims.
Just what info is safe within the KVKK?
Information that is personal is understood to be one pointers per a detected otherwise recognizable natural individual. Turkey’s study defense statutes also incorporates more strict conditions to own unique classes away from information that is personal, like sensitive private information in accordance with race, cultural source, political viewpoints, philosophical philosophy, faith, sect or any other beliefs, gowns, registration from connections, foundations, or trading unions, wellness research, suggestions pertaining to sexual lives, previous unlawful beliefs and you will security measures, and you can biometric and genetic studies.
Subscription so you can VERBIS
- Data controllers that have less than fifty teams and you may a yearly balance piece lower than TL twenty-five mil (whenever $step three.5 billion), so long as their head activity does not require this new control off unique categories of investigation;
- Studies controllers exactly who procedure data only because of the low-electronic function;
- Customized agents and mediators;
- Social notaries, certified societal accounting firms, and you can solicitors;
- Connectivity, fundamentals, and syndicates;
- Political people.
Failure to register having VERBIS can result in management fines away from doing just as much as $ or the restrict of your controller’s studies control products.
Cross-edging transmits
If you find yourself these provisions are like that from the fresh new GDPR, the fresh KVKK plus allows the personal Study Coverage Expert to ban the latest mix-border transfer of data regardless of if explicit agree of analysis topic was received if this considers your welfare regarding Turkey or the studies topic was surely harmed.
Analysis Breach Announcements and you will Impulse Arrangements
. Research controllers are forced to notify the brand new TDPA regarding a document breach within 72 era of becoming aware of it making use of the Study Infraction Alerts Function available with the TDPA. Justifications for the waits might also want to become sent to your setting. Affected study victims need to be informed of your infraction too, however, a particular time period for this isn’t given.
Into the same decision, the latest TDPA as well as made it an importance of study controllers so you can ready yourself a kissbrides.com pääsivusto data Violation Reaction Package that have to label a contact person to getting contacted in case there is a data infraction. This individual will be the no. 1 part off contact towards the TDPA and start to become accountable for this new evaluation of one’s outcomes regarding one breaches that may exist.
Charges
Research controllers just who are not able to adhere to the needs of brand new KVKK deal with administrative penalties and fees as much as whenever TL step one.5 billion (approximately $230,000), with respect to the gravity of ticket. Crimes regarding the personal information, meanwhile, is influenced not as much as Content 135-140 regarding Turkish Penal Code Zero. 5237.
The worth of this new penalties and fees are improved each year based on the brand new re also-analysis viewpoints authored in the Formal Gazette that have Income tax Procedural Legislation Communiques. All of the number that appear in this article match the newest 2019 re-investigations.
