Turkey: Law No 6698 On The Protection Of Personal Data And The Precautions That The Companies Should Take In This Respect

Last Updated: 1 October 2019
Article by Deniz Mina Küpana

The Law on the Protection of Personal Data is effective as April 7th, 2016, on which it is published on the Official Gazette. The Law, filling a significant gap as to processing, transferring and security of personal data, and the sanctions in the cases of failure to comply with obligations thereof, also imposes obligations on individuals and organizations that work with personal data.

The Law defines personal data as the any information regarding any natural entity, whether or not it is identified or identifiable. The preamble of the Law extends the scope of personal data and defines it "Data that is related not only to the name, surname, place and date of birth that may be used to identify individuals, but also to their mental, psychological, physical, cultural, economic, social and similar characteristics." "Name, phone number, vehicle plate numbers, social security numbers, passport numbers, CVs, images, video and audio records, finger prints, genetic information may be used to identify an individual indirectly, and therefore are personal data." In other words, when the law is considered with its preamble, definition of personal data becomes wider, and what is to be considered by the companies extends further.

That is, today's companies process personal data or personal data that is special in nature (such as health, biometric characteristics, memberships, sexual life, race, religion, etc.) for various reasons depending on their field of activity. Therefore, what companies should consider regarding personal data extends due to LPPD, and it is highly significant to pay special attention to this matter. It is possible make a compilation of what is imposed by the Law as follows:

  • One of the important obligations imposed by the Law on PPD is the data record system where as the other is data inspector. Accordingly, companies that process personal data will be responsible as data inspectors for the establishment and management of the data recording system within the company. Also, data inspection companies shall designate a real or legal person as a data processor.
  • In this respect, the law imposes a number of obligations to ensure data security, on data inspector. The data inspector is primarily responsible for preventing unauthorized processing of and access to personal data, and taking technical and administrative precautions to secure such data.
  • Art. 10 of the Law also imposes on the data inspector, an obligation to inform. Accordingly, the data inspector or the person designated thereby is obliged to inform relevant people, on the purpose for which such data will be processed, to whom and for what purpose such the personal data will be transferred, how such data is collected and the legal reasons thereof. On the other hand, everyone, has the right to apply to data inspector, to learn whether any personal information regarding themselves have processed or not, to demand information on such data, to find out whether such data is process for a right purpose, to know the third persons, whether at home or abroad, to whom such data are transferred, and removal and deletion of such data.
  • One of the most important tasks for data inspectors is to ensure the implementation of the provisions of this Law in its own institution or organization, to carry out or to cause the necessary inspections for this purpose, to be carried out.
  • Law No. 6698 formed Personal Data Protection Authority and the Board for Protection of Personal Data, granted it the power to review the records of any companies in violation of the law, ex officio, in case of complaint or allegation of violation. In case of violation of the provisions of this Law, such companies may be sentenced to a punitive fine up to TRY1.000.000. It is also considered a crime as per the Turkish Penal Code and in violation of the regulations of this law, imprisonment from 1 to 4,5 years is proposed.

The law was enacted on April 7th, 2016 and the companies were granted a six month period for compliance. Pursuant to this, it has been stated that companies that do not comply with the conditions proposed in the law and the terms of data processing as of 7.10.2016, shall be imposed various sanctions. Therefore, it is an inevitable for companies to be sensitive in this respect. The measures that companies may take in the light of the aforesaid may be listed as follows;

1. The first step that should be taken in order to carry out such a process in a reliable way is to create an inventory. That is to say, who, in the company, processes or records personal data, or does any such person transfer such data to any third persons? The first thing to do is to identify such personnel as each personal data a company possesses means a liability for that company, and it is very important to determine the boundaries of such liability and act accordingly. Then, an analysis should be conducted to determined how much of any such personal data is required, or not. Following such analysis, the company will not demand any data that it does not use or that are not required by the laws, any if the company has any such data, they will be deleted. In that case, as a first step, an inventory should be created in order to determine a road map, and then the process should be managed on this basis.

2. After all the analysis, the second step is to determine the needs and responsibilities within the company. As stated above, a data inspector should be designated within the company, a lead-team that will be formed to manage the process within the company, and it will determined which data will be secured, and how, by the lead-team. In this context, the technical infrastructure that is required for the system to function properly, must be built. Finally, an audit mechanism should be introduced to ensure that the system functions properly, and to minimize potential errors.

3. As the third step, the data should be classified according to their individual significance. In the light of such an assessment, it is necessary to determine which data will be preserved. That is to say, some data may be known by all employees, whereas some must only be available to a limited number of employees. What needs to be done at this point is to start work by granting minimum authority to employees within the company and to expand the authority as necessary. For instance, should an employee needs only the name or the e-mail address of an individual in connection with his/her work, such an employee should not be provided with the phone number, identification number, etc. of the relevant individual, in other words, the data would be secured by granting the employee an access authorization that is limited to what that employee does.

4. Another important point that the companies should address is to ensure cyber security. The cyber security is becoming more and more important today, and companies need to invest in the infrastructure required for that. Considering companies, especially in Turkey, it has been found out that security protocols against the cyber attacks are below the standards, and it is a must to invest in this regard. Due to this, many companies are now potential targets of cyber attacks, with the personal data they possess.

In conclusion, the Law No. 6698 on PPD introduced a number of regulations regarding personal data, and processing and storage thereof, and imposes serious sanctions in the cases of failure to comply with those. The concept of personal data has been an important subject in daily life and concerns everyone, and imposes an important obligation on companies that, especially due to their needs, have access to personal data. In this context, the obligations of companies are listed above, and if the companies manage to comply thereto, there will be no problem in terms of data security.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
ELIG Gürkaynak Attorneys-at-Law
Esin Attorney Partnership
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
ELIG Gürkaynak Attorneys-at-Law
Esin Attorney Partnership
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions