Negligence and violations regarding the protection of personal data impose heavy legal and criminal liabilities on business organizations.

The liabilities and amount of penalty fines due to the violation of the sanction according to the Article 18 of KVKK are as follows:

In case disclosure obligation is contradicted; In case of breach on Data Security obligations;
2016 (Amount stipulated in the Law): 2016 (Amount stipulated in the Law):
5.000 ₺ - 100.000 ₺ 15.000 ₺ - 1.000.000 ₺
2020 (Current Amount): 2020 (Current Amount):
9.013 ₺ - 180.264 ₺ 27.040 ₺ - 1.802.641 ₺
In case of contradiction with the decisions of the Board; In case of breach of the obligation of VERBIS registration and notification;
2016 (Amount stipulated in the Law): 2016 (Amount stipulated in the Law):
25.000 ₺ - 1.000.000 ₺ 20.000 ₺ - 1.000.000 ₺
2020 (Current Amount): 2020 (Current Amount):
45.066 ₺ - 1.802.641 ₺ 36.053 ₺ - 1.802.641 ₺

In addition, it is stated in the Article 17 of KVKK that the provisions of Article 135 to 140 of the Turkish Penal Code dated 26/9/2004 and numbered 5237 will be applied for crimes related to personal data. The prison sentences stipulated in the Turkish Penal Code for the Protection of Personal Data are as follows;

In case of illegal processing of personal data
1 up to 3 years sentence to prison, the penalty for sensitive data is increased
In case of providing or obtaining data illegally
2 up to 4 years sentence to prison
In case of non-purging of personal data within the period specified by law
1 up to 2 years sentence to prison

In accordance with the Article 18 of the Law, some sanctions are stipulated in the case of failure to fulfill the above mentioned obligations.

In 2020, 19 fines were issued by the Turkish Personal Data Protection Authority in a total amount of 6.870.500,00 ₺.

Below penalty fines are published in 2020;

DATA CONTROLLER RELATED DECISION AMOUNT OF FINE
A Legal Counsel Please click here to access the related board decision summary in Turkish. 50.000 TL
An Educational Institution Please click here to access the related board decision summary in Turkish. 50.000 TL
A Bank Please click here to access the related board decision summary in Turkish. 50.000 TL
An Insurance Agency Please click here to access the related board decision summary in Turkish. 22.500 TL
A Mobile Application Please click here to access the related board decision summary in Turkish. 10.000 TL
A Real Estate Company Please click here to access the related board decision summary in Turkish. 50.000 TL
A Call Center Please click here to access the related board decision summary in Turkish. 18.000 TL
A Flight Ticket Sales Company Please click here to access the related board decision summary in Turkish. 50.000 TL
A Bank Please click here to access the related board decision summary in Turkish. 210.000 TL
An Internet Web Site of A Data Controller Please click here to access the related board decision summary in Turkish. 50.000 TL
A Fitness Center Please click here to access the related board decision summary in Turkish. 225.000 TL
A Data Controller Operating in Online Selling Please click here to access the related board decision summary in Turkish. 1.200.000 TL
An Internet Service Provider Please click here to access the related board decision summary in Turkish. 300.000 TL
Various Factoring Companies Please click here to access the related board decision summary in Turkish. 1.400.000 TL
A Game Company Please click here to access the related board decision summary in Turkish. 1.100.000 TL
A Bank Please click here to access the related board decision summary in Turkish. 1.000.000 TL
A Pharmacy Please click here to access the related board decision summary in Turkish. 60.000 TL
A Legal Counsel Please click here to access the related board decision summary in Turkish. 125.000 TL
A Data Controller Operating in the Automotive Sector Please click here to access the related board decision summary in Turkish. 900.000 TL

 

19 Penalty Fines 6.870.500,00 ₺

 

You can contact us to have further information about your obligations specified in the Law and to prevent any criminal sanctions that may arise as a result of any legal non-compliance.

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.