GDPR and KVKK Compliance for International Companies in Turkey

GDPR and KVKK Compliance in Turkey - Turkish Law Firm Advisory

For multinational companies operating in Turkey, data protection compliance has become a dual challenge. These businesses must not only meet the requirements of the European Union's General Data Protection Regulation (GDPR), but also align with Turkey’s own Law on the Protection of Personal Data—commonly known as KVKK. While the two frameworks share many principles, there are also important distinctions in definitions, consent rules, registration requirements, and enforcement mechanisms. Companies that fail to bridge these regulatory systems expose themselves to operational disruption, administrative fines, and reputational damage both inside and outside Turkey.

At ER&GUN&ER Law Firm, we advise foreign companies, international NGOs, and regional headquarters on designing and maintaining effective GDPR and KVKK compliance strategies in Turkey. As a leading Turkish Law Firm with deep experience in cross-border regulatory alignment, our team of English speaking Turkish lawyers helps clients conduct compliance audits, draft bilingual documentation, report data breaches, and respond to regulatory investigations. Whether you are expanding into Turkey or already managing employee and customer data here, we can help you implement a legally sound and globally consistent data governance framework.

Understanding the Relationship Between GDPR and KVKK

At first glance, GDPR and KVKK appear similar. Both define personal data broadly, recognize sensitive categories, require informed consent for processing, and impose breach notification duties. However, there are important legal and procedural differences. For example, GDPR permits data processing under the legal basis of “legitimate interest,” whereas KVKK applies a narrower interpretation. Under Turkish law, explicit consent is required in more scenarios—especially for processing sensitive data or transferring information abroad. Additionally, GDPR allows direct enforcement by data subjects, while KVKK creates a centralized Board-led structure for investigation and enforcement.

Our Turkish Law Firm maps these differences for each client based on their sector, data flow, and risk profile. We build harmonized compliance frameworks that satisfy the strictest standards of both regimes. This includes implementing granular consent mechanisms, performing impact assessments, and establishing internal response workflows for data protection obligations in Turkey.

Cross-Border Data Transfers: Reconciling GDPR and KVKK Rules

One of the most difficult areas for international companies in Turkey is handling cross-border data transfers in a way that satisfies both GDPR and KVKK. While GDPR allows transfers outside the EU through adequacy decisions or Standard Contractual Clauses (SCCs), KVKK imposes additional layers of complexity. Turkey does not yet appear on the EU's adequacy list, and its own adequacy process is still developing. As a result, companies transferring data between Turkish entities and EU-based systems must comply with dual regulatory hurdles—drafting binding agreements, registering with Turkish regulators, and ensuring data subjects are properly notified.

At ER&GUN&ER Law Firm, we help multinational companies align their international data transfer policies. We draft bilingual data transfer agreements compliant with Article 9 of KVKK and GDPR Article 46, assess intra-group data flows, and coordinate with IT and compliance departments to ensure secure data transit. As a Turkish Law Firm known for practical compliance advisory, our work ensures operational efficiency and regulator-ready documentation.

VERBIS and Registration of Data Controllers

Under Turkish law, most data controllers—especially foreign-owned companies operating locally—must register with the VERBIS system (Data Controllers’ Registry). This is a public platform operated by the Turkish Data Protection Authority. Unlike GDPR, which does not require registration, KVKK mandates detailed entries describing the categories of data processed, legal basis, retention periods, and security measures. Failure to register, or errors in registration, are among the top reasons for KVKK fines.

Our English speaking Turkish lawyers provide end-to-end VERBIS registration services, draft inventory templates, and ensure alignment between your GDPR records of processing and KVKK’s registry structure. We also update records annually to reflect organizational changes, data processor shifts, or new legal requirements. As a best lawyer firm in Turkey for GDPR-KVKK alignment, we build permanent compliance infrastructure—not just checklists.

Data Retention and Internal Audit Obligations

Both GDPR and KVKK require data controllers to process information only for as long as necessary. However, enforcement of data minimization and retention rules under KVKK has become a focal point of regulatory investigations in Turkey. Companies must maintain updated internal policies on how long employee records, customer data, CRM logs, and CCTV footage are retained, and when such data is securely deleted or anonymized.

Our firm drafts internal data retention schedules, supports regular compliance audits, and provides legal training for DPOs and IT managers. As a Turkish Law Firm experienced in data protection risk management, we ensure that your legal obligations match operational practices, avoiding enforcement surprises and building defensible records in the event of an audit or complaint.

Internal Legal Resources for Data Compliance

Frequently Asked Questions (FAQs)

  • Does GDPR apply in Turkey? No, but many international companies choose to follow GDPR principles. Turkey’s KVKK is a separate framework with local enforcement authority.
  • Do I need to comply with both KVKK and GDPR? Yes, if your company operates in Turkey and processes data of EU residents. Dual compliance ensures cross-border continuity.
  • What is VERBIS and who must register? VERBIS is the Turkish data controller registry. Most medium to large companies—including foreign-owned entities—must register.
  • Are there fines for failing to comply? Yes. KVKK administrative fines range from ₺50,000 to ₺2,000,000+ depending on the violation and risk severity.
  • What about cloud-based services? These must comply with cross-border transfer rules. Contracts with cloud vendors need specific legal terms under Turkish law.
  • Can I use GDPR contracts in Turkey? Only if they are reviewed and adapted. Turkish law requires localized language, registry compliance, and Turkish jurisdiction clauses.
  • What about employee privacy? Consent is needed for certain HR data categories. We help employers structure lawful onboarding and monitoring policies.
  • How often should I audit my data systems? At least annually. We support scheduled KVKK audits and GDPR impact assessments with legal oversight.
  • Can a Turkish Law Firm coordinate global compliance? Yes. We act as bridge counsel between local teams and international DPOs, legal departments, and data processors.
  • How do I begin compliance? With a full legal data mapping and gap analysis, followed by document drafting and internal rollout. We guide clients from end to end.

Achieve Global Data Compliance with Local Legal Precision

In today’s regulatory climate, compliance with data protection laws is no longer optional—it’s a precondition for market access, customer trust, and operational resilience. For international companies working in Turkey, dual compliance with both GDPR and KVKK is a reality that must be planned, implemented, and monitored. Failure to align these systems not only increases legal risk, but also creates confusion and inefficiency within your internal teams. With regulators becoming more aggressive and public awareness rising, now is the time to ensure your business has a legally sound, strategically integrated data governance framework.

At ER&GUN&ER Law Firm, we help you navigate these complexities with confidence. As a leading Turkish Law Firm for international data protection and corporate compliance, our English speaking Turkish lawyers support you through every step of your GDPR and KVKK alignment. Whether you need registration, policy drafting, transfer agreements, breach protocols, or legal defense—we provide actionable legal solutions that protect your business today and position you for long-term global growth. Let us help you turn compliance into a competitive advantage.