Personal data protection is one of the most critical legal compliance topics for businesses operating in Turkey. The Turkish Personal Data Protection Law (KVKK – Law No. 6698) defines strict rules for how personal data must be collected, stored, processed, and destroyed by both local and foreign companies. Failure to comply may result in significant administrative fines, reputational damage, and even criminal investigation under related legislation.
At ER&GUN&ER Law Firm, we support clients across multiple industries with KVKK compliance audits, risk assessments, data protection policies, and VERBİS registration. Our English Speaking Turkish Lawyers offer end-to-end consultancy in line with Personal Data Protection Law in Turkey, harmonizing internal procedures with the law and preparing companies for inspection or breach scenarios. As the best lawyer firm in Turkey for data protection compliance, we ensure that our clients meet both local and international standards, including GDPR where applicable.
What Is KVKK and Who Must Comply?
KVKK (Kişisel Verilerin Korunması Kanunu) is Turkey’s main legislation governing the processing of personal data. Modeled after the EU’s GDPR but customized for Turkish administrative law, KVKK applies to:
- All companies, NGOs, and institutions operating in Turkey
- Foreign entities processing data of individuals in Turkey
- Self-employed professionals (e.g. doctors, lawyers) who store personal data
- Websites, mobile apps, and platforms collecting user information from Turkish citizens
Our Turkish Law Firm provides a full compliance roadmap for each type of organization, based on its data volume, sector, and exposure to personal or sensitive data categories.
Who Is a Data Controller Under Turkish Law?
Under KVKK Article 3, a “data controller” is the real or legal person who determines the purposes and means of processing personal data. This may include:
- Companies processing employee and customer data
- Hospitals and clinics storing health records
- Universities and schools managing student files
- Tech startups collecting user behavior through apps
As English Speaking Turkish Lawyers, we help identify your company’s status (data controller, processor, or both) and register the right entity in the VERBİS (Data Controllers’ Registry System), which is a mandatory database administered by the Turkish Data Protection Authority (KVKK Kurumu).
Key Obligations Under KVKK for Data Controllers
Once an organization qualifies as a data controller, it assumes a range of legal obligations. These include:
- Aydınlatma yükümlülüğü: Informing data subjects in writing of who is processing their data and why
- Açık rıza alma zorunluluğu: Obtaining freely given, informed, and specific consent for sensitive data processing
- Veri envanteri hazırlama: Mapping all categories of personal data held
- VERBİS kaydı: Registering with the Data Controllers Registry and keeping it up to date
- İhlal bildirimi: Reporting data breaches within 72 hours
- Silme, yok etme veya anonimleştirme: Ensuring timely data destruction per Article 7
Our Turkish Law Firm conducts internal KVKK audits and creates documentation for every stage, including privacy policies, explicit consent forms, data transfer agreements, and incident response protocols.
How Does KVKK Compare to the EU GDPR?
Although KVKK and the General Data Protection Regulation (GDPR) share a similar structure, including definitions like data controller, data subject, and personal data, there are key differences in scope, enforcement, and procedural rules. Major distinctions include:
- Fines: KVKK imposes lower administrative penalties compared to GDPR’s percentage-based model
- Legal basis for processing: KVKK places more emphasis on consent, while GDPR recognizes multiple lawful bases
- Data subject rights: GDPR grants broader portability and erasure rights
- Supervisory authority: GDPR requires independent DPOs for some controllers; KVKK does not
Our English Speaking Turkish Lawyers help multinational clients implement a dual compliance regime—ensuring simultaneous adherence to both KVKK in Turkey and GDPR in the EU, including handling cross-border employee and customer data flows.
Cross-Border Data Transfers Under Turkish Law
Under KVKK Article 9, the transfer of personal data to foreign countries requires either:
- Explicit consent from the data subject, or
- A bilateral agreement between Turkey and the receiving country, or
- Approval by the Turkish Data Protection Board (KVKK Kurulu) for the recipient country
Companies that use cloud platforms, foreign CRMs, or global HR systems must have data transfer protocols in place, including standard contractual clauses (SCCs), binding corporate rules (BCRs), and documented consent mechanisms. Our Turkish Law Firm drafts and negotiates cross-border data transfer contracts and prepares your organization for Board inspection.
Data Breach Notification and Sanctions in Turkey
Under KVKK Article 12, if a data breach occurs (e.g., hacking, accidental exposure, or insider threat), the data controller must:
- Notify the Turkish Data Protection Authority within 72 hours
- Notify affected individuals if their rights are at risk
- Document the breach and conduct internal investigation
Administrative fines for violations range from 29,852 TRY to 5,971,989 TRY (updated for 2025), and additional criminal complaints may be filed under Article 135 of the Turkish Penal Code. Our best lawyer firm in Turkey provides crisis management, breach notification filings, and internal legal investigation reports to mitigate liability.
FAQ: Personal Data Protection Law (KVKK) in Turkey
- Q1: Is VERBİS registration mandatory for all companies?
Yes, for companies meeting employee/data subject thresholds. Exemptions are available for very small processors. - Q2: What is considered sensitive personal data under KVKK?
Health data, biometric info, religion, political views, and union membership require explicit consent. - Q3: Can I keep employee files digitally?
Yes, but systems must be secure, traceable, and access-limited under KVKK compliance. - Q4: Can I be fined for sending client data to a foreign software provider?
Yes, if transfer rules under KVKK Article 9 are not followed or consent is missing. - Q5: Can I process data without consent?
Only if legal grounds under Article 5 apply (e.g., contract performance, legal obligation, legitimate interest). - Q6: What if my company is based abroad but processes Turkish users’ data?
KVKK still applies. You must appoint a representative in Turkey and register with VERBİS. - Q7: Can individuals sue for KVKK violations?
Yes. Administrative complaints, civil lawsuits, and even criminal charges may be brought. - Q8: Does KVKK apply to B2B contacts?
Yes, if personal data (e.g., names, email addresses) is processed. - Q9: Is DPO (data protection officer) appointment mandatory?
No, but advisable. KVKK does not mandate a DPO but having one improves compliance infrastructure. - Q10: How can a Turkish Law Firm assist?
We conduct audits, draft full documentation, represent you before KVKK Board, and provide emergency breach response.
Ensure Your KVKK Compliance with a Turkish Law Firm
With regulators increasingly focused on personal data governance, no business can afford to ignore KVKK compliance. From employee data to client CRM systems, your data processing activities must be legally sound, transparently documented, and operationally enforced. Non-compliance is no longer a theoretical risk—it’s an operational liability.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers provide clear, practical, and enforceable legal support to help you meet your obligations under Personal Data Protection Law in Turkey. As the best lawyer firm in Turkey for corporate compliance, we align your data strategy with the law—before the Data Protection Authority demands it.