Data Protection & Privacy (KVKK/GDPR) and Consultancy Services

While the value of data is increasing day by day in the digitalization world, the need to protect the privacy and personal data of individuals has gained importance at the same rate. This area, which has been put into a legal framework in Turkey with the Law on the Protection of Personal Data (KVKK) No. 6698 (similar to GDPR in Europe), imposes serious obligations for real and legal persons processing data. Our law firm helps its clients to fully comply with legal legislation and protect themselves from possible administrative fines with its staff specialized in KVKK consultancy and compliance processes.

Comparison of KVKK and GDPR

Although there are great similarities between the European Union's General Data Protection Regulation (GDPR) and KVKK, there are critical differences in implementation and sanctions. It is mandatory for Turkish companies, especially those working with international connections or processing the data of EU citizens, to comply with both regulations. While GDPR introduces stricter standards on issues such as cross-border data transfers, the right to be forgotten, and data portability, KVKK's local dynamics and Board decisions may create different obligations. Our firm supports its clients in gaining a competitive advantage in international trade by ensuring both KVKK and GDPR compliance.

Data Breach and Notification Processes

In case personal data is unlawfully seized by others as a result of any cyber attack, unauthorized access, or human error, the data controller must notify the Personal Data Protection Authority (KVKK) within 72 hours. Since this period is very short, the existence of a pre-prepared Data Breach Response Plan is of vital importance. Our firm aims to minimize reputation loss and penal sanctions by providing crisis management support in the processes of detecting the breach, analyzing its effects, notifying the Board, and preparing the announcements to be made to the relevant persons.

Explicit Consent and Its Exceptions

Although explicit consent is generally sought in the processing of personal data, consent is not required in exceptional cases listed in Articles 5 and 6 of the Law (for example, performance of the contract, provision in laws, legitimate interest of the data controller, etc.). One of the most common mistakes companies make is to try to obtain consent even in cases where consent is not required, making processes cumbersome. Our experienced team increases your operational efficiency by analyzing your data processing activities and determining in which processes explicit consent is mandatory and in which ones other legal reasons can be relied upon.

KVKK Compliance Process and Inventory Preparation

The KVKK compliance process is not a one-time operation, but a living process that needs to be constantly updated. The most basic step of this process is to map the data flow within the company and prepare a Personal Data Processing Inventory. Our firm conducts one-on-one meetings with the departments of client companies (HR, accounting, marketing, IT, etc.) to determine which data is processed for what purpose, based on which legal reason, to whom it is transferred, and for how long it is stored. The inventory created as a result of this analysis also forms the basis for VERBIS (Data Controllers Registry Information System) registration.

Obligation to Inform and Administrative Fines

The obligation of data controllers to inform the persons whose data they process (employees, customers, suppliers) is absolute and does not depend on any condition. In case the clarification texts are incomplete or incorrect, VERBIS registration is not made, or data security cannot be ensured, administrative fines amounting to millions of liras can be applied by the Board. Our firm inspects all your legal texts and processes by displaying a proactive approach so that you do not face these penalties.

Protection of Personal Data and Data Security

KVKK compliance does not consist only of legal texts; it also requires taking technical and administrative measures. We guide the creation of a security infrastructure suitable for the Board decisions by working in coordination with IT departments on the measures to be taken regarding data security (authorization matrices, access logs, antivirus software, data loss prevention software, etc.). We also support our clients in what needs to be done in case of a possible cyber attack or data leak, data breach notification processes, and crisis management.

Data Controller and Data Subject Applications

Data owners (data subjects) have rights such as learning whether their data is processed or not and requesting its deletion by applying to the data controller pursuant to Article 11 of the Law. It is critical to respond to such applications coming to companies within the legal period (30 days) and in accordance with the procedure. Our law firm provides consultancy services on the management of data subject applications, preparation of response texts, and fulfillment of requests. Otherwise, companies may face serious sanctions as a result of complaints that may be made to the Personal Data Protection Board.

KVKK Compliance of Contracts

Contracts signed by companies with their suppliers, business partners, and customers must also include data security provisions. Confidentiality agreements and undertakings to be signed with the parties to whom data is transferred ensure the legal security of the data controller. Our firm revises existing contracts with a KVKK perspective and adds necessary protective provisions to new contracts to be made. Especially when data transfer abroad is in question, we work sensitively on the operation of mechanisms such as explicit consent or undertakings approved by the Board.

Training and Awareness Activities

The sustainability of KVKK compliance depends on the company employees being conscious about this issue. All units from human resources to security, from sales to IT need to know their responsibilities regarding the protection of personal data. For this purpose, we provide KVKK awareness training to our client companies at regular intervals and explain practically the issues that employees should pay attention to in their daily workflows (for example, not leaving documents on the desk, not sharing passwords, email security, etc.).

In summary; with its deep knowledge and practical experience in the field of Personal Data Protection Law, our law firm creates a legal protection shield at every point where data is processed, increasing the reputation and reliability of businesses.