Legal Representation in Turkish Data Protection Board Investigations (KVKK Audits)

KVKK Audit Defense - Turkish Law Firm Legal Support

With the growing reach of digital infrastructure and the increasing volume of personal data processed by businesses, Turkish regulators have escalated enforcement of the Personal Data Protection Law (KVKK). The Turkish Data Protection Board (KVKK Kurulu) now actively monitors companies, NGOs, e-commerce platforms, SaaS startups, and even law firms for their data collection, storage, transfer, and deletion practices. A single anonymous complaint, data breach report, or unlawful consent process can trigger a full-scale KVKK audit—leading to site inspections, document demands, and ultimately administrative fines or criminal referrals. In such cases, having experienced legal representation in a KVKK investigation is essential.

At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers advise both local and foreign-owned companies during data protection investigations in Turkey. We provide comprehensive KVKK audit defense services—from responding to Board correspondence and preparing compliance documents to representing clients in hearings, defending against fines, and litigating violations in Turkish administrative courts. As a best lawyer firm in Turkey for regulatory and technology law, we work across industries to align operational practices with data protection requirements and help companies survive audits without reputational or financial collapse.

What Triggers a KVKK Audit in Turkey?

KVKK audits are not always the result of high-profile breaches. In fact, most investigations begin with a tip-off, complaint from a customer or ex-employee, or during a routine review of public-facing privacy policies. Some of the most common triggers include:

  • Failure to register with VERBIS (Data Controllers Registry Information System)
  • Lack of properly drafted privacy notice or data processing policy
  • Collecting personal data without legal basis or explicit consent
  • Unlawful data transfers abroad without regulatory approval
  • Improper data breach notification (or failure to notify at all)
  • Processing sensitive personal data (e.g., health, biometric) without extra safeguards

Our Turkish Law Firm has handled numerous KVKK audit defense files where companies were caught unaware. We help prepare or revise data inventory documentation, employee training logs, and data flow charts to submit a strong, technically valid defense to the Board.

KVKK Audit Procedure: How Does the Process Work?

Once an audit begins, the KVKK Board sends an official notification to the company, asking for documentation, data processing records, IT system details, and internal data protection procedures. The company is usually given 15 or 30 days to respond. In more serious cases, the Board may initiate on-site inspections or request sworn declarations from data controllers and processors. Delays, incomplete information, or evasive answers can escalate the audit into a formal enforcement action.

Our KVKK lawyers in Istanbul coordinate the company’s entire response. We draft formal reply letters to the Board, prepare annexes, review internal policies for legal sufficiency, and handle all contact with KVKK inspectors. We also provide management-level briefings to ensure consistent messaging across departments—particularly when senior management must give testimony or written explanations.

Administrative Fines and Criminal Liability Under KVKK

The KVKK Board has the authority to impose administrative fines ranging from ₺29,852 to ₺5,971,989 (updated annually with revaluation) depending on the severity of the violation. For example, failure to comply with VERBIS registration obligations or breach notification timelines typically results in lower-range fines, while unauthorized processing of sensitive personal data or illegal cross-border transfers can trigger upper-tier penalties. In extreme cases—such as systemic data leaks or deliberate data abuse—KVKK may refer the file to the public prosecutor under Article 135 of the Turkish Penal Code, exposing the company and its directors to criminal investigation.

Our data protection investigation lawyers in Turkey specialize in identifying legal and procedural defenses to reduce or eliminate these penalties. We file defense petitions, evidence submissions, and settlement proposals when appropriate. In high-stakes cases, we escalate matters to Turkish administrative courts to challenge Board decisions and obtain suspension of fines until final judicial review. Our team works with your IT managers, HR staff, legal department, and senior executives to present a unified and credible defense in every KVKK audit scenario.

Judicial Review of KVKK Decisions

KVKK Board decisions are not final. Companies have the right to challenge any penalty, correction order, or publication decision through the Ankara Administrative Court system. However, the appeal must be filed within 60 days of official notification. Failure to meet this deadline will result in loss of legal remedies. During this period, companies may request the court to suspend execution of the KVKK decision until the merits of the case are reviewed.

Our Turkish Law Firm has successfully represented clients in appeals against KVKK decisions involving cloud service providers, e-commerce companies, financial institutions, and international NGOs. We prepare full court files—petitions, evidence bundles, expert opinions—and follow the case through to the Council of State if necessary. Having a knowledgeable English speaking Turkish lawyer ensures that your arguments are well-presented in both Turkish and international data protection terminology—especially when GDPR principles are relevant.

Internal Legal Resources for Data Protection and Privacy

Frequently Asked Questions (FAQs)

  • What is a KVKK audit? It is an official investigation by the Turkish Data Protection Board to verify compliance with the Personal Data Protection Law. It may involve document requests, site inspections, and testimony.
  • What happens if we don’t respond to KVKK requests? The Board may issue fines, public warnings, or refer the case to criminal prosecution if willful non-compliance is suspected.
  • Can foreign companies be audited? Yes. Any company processing data of individuals in Turkey—even if not physically located in the country—can be audited under KVKK.
  • What are the most common violations? Failure to register with VERBIS, missing privacy policies, lack of consent, improper data transfer abroad, and failure to report breaches.
  • What’s the difference between KVKK and GDPR? KVKK is Turkey’s national data protection law. It shares many principles with the EU GDPR but has different consent, registry, and penalty rules.
  • Can I appeal a KVKK penalty? Yes. You have 60 days to file an administrative lawsuit. We prepare petitions and seek stay-of-execution orders to stop enforcement.
  • How long does the audit process take? Most cases are resolved within 2–6 months. Complex audits involving site inspections may take longer.
  • What if we experience a data breach? You must notify the Board within 72 hours and take containment measures. We assist in breach response strategy and notification drafting.
  • Do you help foreign-controlled subsidiaries? Absolutely. Our English speaking Turkish lawyers support both parent and local entities in full KVKK audit defense and cross-border compliance.
  • Why work with a Turkish Law Firm? Because Turkish regulatory law is highly procedural, and expert legal strategy is crucial to reduce risk, protect reputation, and avoid financial penalties.

Navigate KVKK Audits with Confidence and Legal Precision

In today’s digital economy, personal data is not just an operational detail—it’s a regulatory battleground. Whether you’re running an e-commerce platform, a SaaS startup, a healthcare provider, or a multinational subsidiary, failing to comply with Turkey’s data protection rules can cost your company dearly. KVKK audits in Turkey are intensifying, and regulators are expecting not just policy on paper—but real, provable compliance across your entire business structure. When the Turkish Data Protection Board knocks on your door, your response must be fast, accurate, and legally robust.

At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers offer end-to-end KVKK audit defense for companies facing investigations, data breach incidents, or compliance strategy gaps. As a leading Turkish Law Firm in regulatory and technology law, we understand how to balance legal exposure, operational feasibility, and long-term risk mitigation. From drafting policies and interfacing with inspectors to defending your position in court, we provide you with the legal tools and representation to meet Turkey’s data protection challenges with confidence and clarity.