Director Liability in Data Breaches in Turkey

Director Liability in Turkish Data Breach Law - Turkish Law Firm

As data privacy and cybersecurity laws become stricter across jurisdictions, corporate leadership is facing growing personal liability for security failures. In Turkey, this trend is accelerating. A data breach is no longer seen as a purely technical failure—it is increasingly viewed as a corporate governance issue. Under Turkish law, directors and board members can face both civil and criminal liability for failing to implement adequate data protection measures or failing to respond to a breach in accordance with legal requirements. For companies operating in Turkey—especially those processing customer, employee, or financial data—understanding director liability in Turkish data breach law is no longer optional. It is a legal and reputational necessity.

At ER&GUN&ER Law Firm, our English speaking Turkish lawyers advise corporate clients on executive liability for data protection failures. As a best lawyer firm in Turkey for technology compliance and white-collar defense, we assist companies in building preventive systems, managing breach response protocols, and defending company leadership in regulatory investigations. Whether you are a board member, CEO, CIO, or compliance officer, we help you understand the legal standards that apply and how to shield yourself from personal exposure in the event of a KVKK breach or cybersecurity incident.

Legal Framework Governing Director Liability

Turkish law imposes various obligations on directors through multiple statutes, including the Turkish Commercial Code (TCC), the Turkish Penal Code (TPC), and the Law on the Protection of Personal Data (KVKK). Under Article 369 of the TCC, board members are required to act with the “care of a prudent executive” in managing the affairs of the company. This includes establishing internal controls, appointing competent personnel, and ensuring compliance with sectoral regulations—including those related to data protection.

When a data breach occurs, the question becomes whether directors took adequate steps to prevent or contain the incident. If they failed to implement a functioning data governance system, or if they ignored red flags regarding IT vulnerabilities, they may be personally liable for damages suffered by shareholders, business partners, or affected individuals. Our Turkish Law Firm regularly reviews board-level responsibilities in cybersecurity planning and data risk oversight. We also help clients document their efforts—so they can prove that reasonable steps were taken to comply with Turkish law and minimize director liability.

KVKK Obligations and Executive Liability

The Law on the Protection of Personal Data (KVKK) is Turkey’s main legislation regulating the collection, processing, storage, and transfer of personal data. While the law places primary responsibility on the “data controller”—typically the legal entity—it also imposes duties on individuals in executive or management positions. Directors can be held liable for breaches if they failed to ensure that the company had adequate safeguards in place or if they neglected to act after being notified of vulnerabilities. In particular, Articles 12 and 15 of KVKK require that breaches be reported promptly and that all necessary administrative and technical measures be taken to prevent unlawful access.

Our English speaking Turkish lawyers assist companies and executives in implementing KVKK compliance strategies that stand up to Board scrutiny. We help establish internal reporting systems, draft breach notification workflows, and define the responsibilities of each executive under a data incident response plan. As a proactive Turkish Law Firm, we don’t just defend our clients after breaches—we build their capacity to avoid liability altogether.

Criminal and Civil Exposure in Data Breach Cases

Under Article 136 of the Turkish Penal Code, unauthorized disclosure or misuse of personal data can lead to criminal charges—including imprisonment of one to three years. If the breach involves sensitive data, such as health records, the penalties can increase. Directors may also face civil liability under tort principles if a data breach results in financial or emotional harm to third parties. The key legal question is often whether the director had actual knowledge of the risk, and whether they acted reasonably to prevent the harm.

At ER&GUN&ER Law Firm, we advise directors on how to protect themselves from both criminal investigation and shareholder lawsuits after a breach. We offer preventive audits, litigation defense, and board representation in regulatory hearings. As a best lawyer firm in Turkey for data security and executive defense, we give our clients the tools to act decisively—and legally—before, during, and after a breach.

Internal Legal Resources for Cybersecurity Governance

Frequently Asked Questions (FAQs)

  • Can company directors be held liable for a data breach? Yes, if they failed to implement or supervise compliance systems, they may face both civil and criminal liability in Turkey.
  • Does KVKK apply to directors personally? Indirectly. While the law targets companies, directors can be prosecuted or sued if they contributed to the breach through negligence or omission.
  • What actions reduce my liability as a director? Documenting decisions, investing in compliance, regular risk assessments, and reporting incidents promptly.
  • Is board-level awareness enough to shift liability? No. Courts expect active involvement—not just passive awareness—especially in regulated industries like finance, health, or telecom.
  • Can I go to jail if my company has a data breach? Only if you personally misuse the data or intentionally allow a breach. Negligence may result in civil but not criminal liability, depending on the case.
  • What if the IT team fails? Directors are expected to oversee and respond—not just delegate. Failure to supervise IT may still result in board accountability.
  • Does insurance cover director liability? Sometimes. D&O policies may include breach-related claims, but not all policies cover data protection violations.
  • Is KVKK like GDPR? Yes, but with different enforcement structures. GDPR allows individual lawsuits; KVKK uses a central authority model.
  • Can foreign directors be held liable in Turkey? Yes. If they sit on the board of a Turkish company, they are subject to Turkish corporate and data law.
  • How can a Turkish Law Firm help? We advise directors on risk, prepare compliance systems, defend them in litigation, and structure executive protection clauses.

Protect Your Leadership by Strengthening Your Legal Response

In a post-GDPR world, directors are no longer insulated from the operational consequences of data mishandling. Regulatory bodies, courts, and stakeholders now expect corporate leadership to understand the legal dimensions of cybersecurity—not just to delegate them to IT. For companies operating in Turkey, data protection is not only a compliance issue—it’s a governance duty. A single breach can cost not only millions in damages, but also executive credibility, personal liability, and career prospects.

At ER&GUN&ER Law Firm, we help directors, board members, and C-level executives build a legal buffer around their professional responsibilities. Our English speaking Turkish lawyers provide risk assessments, executive defense strategies, and full crisis management support in the event of a data breach in Turkey. As a Turkish Law Firm known for its litigation strength and forward-looking compliance advisory, we give business leaders the peace of mind they need to lead with confidence. Don’t wait for a headline-level breach to learn your liabilities—prepare now, and lead from a place of legal security.