The Turkish Personal Data Protection Authority and the Turkish Competition Authority announced on 26 October 2023, through a joint statement published on their respective websites, that they have entered into a new cooperation and information-sharing protocol. A previous cooperation protocol had been signed between these two authorities on 12 April 2019.
The announcement states that the increasing personal data processing activities carried out through big-data technologies may raise significant concerns in terms of competition and personal data protection, and that the relationship affecting the implementation of both competition law and data protection law makes the cooperation between the relevant authorities inevitable.
In this regard, the two authorities have announced that they will work towards active cooperation on the following topics within the scope of the new protocol, in order to ensure an active and effective regulatory environment:
- Carrying out joint work in emerging areas that fall within the competence of both authorities and that require rapid and effective intervention;
- Publishing reports with the cooperation of both authorities in order to raise awareness among users in terms of the protection of personal data and competition, especially in digital markets, and to convey a common message to undertakings;
- Organising joint presentations and discussion programmes;
- Organising trainings where the relevant authorities will share their expertise and experience with each other; and
- Discussing common issues at national or international events organised or attended by relevant authorities and supporting such events.
The announcement emphasises that the protocol and the listed work aim to establish effective competition in the sector and to strengthen consumers' control over their personal data. In practice, it is expected that a closer cooperation channel will be established and further detailed information sharing will take place among the two authorities, especially within the scope of the reviews and investigations carried out in their respective areas of jurisdiction.
This should significantly bolster the investigation and enforcement capabilities of the Turkish Data Protection Authority, which will benefit from the long-time investigation experience of the Turkish Competition Authority. Companies should, now more than ever, make sure that their data protection compliance processes and documentation are up to date in order to anticipate the increased regulatory scrutiny that will ensue, and avoid fines and suspension orders.
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