In today’s digital age, the collection and processing of personal data is unavoidable. Protecting personal data has therefore become a legal necessity for companies operating in Turkey. The Personal Data Protection Law (PDPL), Law No. 6698, is the cornerstone of Turkish legislation regarding data privacy. Closely aligned with the European Union’s General Data Protection Regulation (GDPR), this law outlines the framework for responsible data management in Turkey.
This article provides a comprehensive overview of the PDPL in Turkey, explaining key principles, obligations of data controllers, individual rights, sanctions for violations, and compliance strategies. For legal advice tailored to your organization’s data handling practices, consult with our expert Turkish lawyers at Istanbul Lawyer Firm.
What is the Personal Data Protection Law (PDPL)?
The PDPL was officially enacted on April 7, 2016, and published in the Official Gazette No. 29677. Modeled after the GDPR, the law aims to protect the fundamental rights and freedoms of individuals—particularly the right to privacy—by regulating the processing of personal data by both natural and legal persons.
Key Principles of the PDPL
Under Turkish law, the PDPL establishes the following core principles for processing personal data:
- Lawfulness and Transparency: Data must be processed fairly and lawfully.
- Purpose Limitation: Data must be collected for explicit, legitimate purposes.
- Data Minimization: Only data necessary for processing should be collected.
- Accuracy: Data must be accurate and updated when necessary.
- Storage Limitation: Data should not be stored longer than required.
- Integrity and Confidentiality: Adequate security measures must be implemented to protect against unauthorized access or loss.
Obligations of Data Controllers
Data controllers—whether individuals or legal entities—must adhere to various legal obligations to remain compliant with the PDPL:
- Explicit Notification: Inform data subjects of the processing purpose and their rights.
- Data Subject Rights: Facilitate access, correction, deletion, and objection rights for data subjects.
- Security Measures: Implement organizational and technical safeguards for data protection.
- Impact Assessments: Conduct risk assessments for high-risk data processing activities.
- Breach Notification: Report any data breaches to the Personal Data Protection Authority within 72 hours.
Rights of Individuals Under PDPL
Data subjects in Turkey have several rights under the PDPL and Turkish IT Law, including the right to:
- Request information about personal data processing
- Request correction of inaccurate or incomplete data
- Request deletion or anonymization of data when no longer necessary
- Object to unfavorable outcomes of automated decisions
- Seek compensation for damages arising from unlawful processing
Violations and Sanctions
Violations of the PDPL can result in administrative fines, civil liability, and even criminal charges. Administrative fines can reach up to millions of Turkish Lira depending on the severity and nature of the violation. Companies operating in Turkey must take proactive measures to avoid these penalties.
How to Ensure Compliance with the PDPL
To ensure compliance, companies should adopt a proactive legal and organizational framework:
- Appoint a Data Protection Officer (DPO)
- Train staff regularly on data protection principles
- Maintain internal records of data processing activities
- Update privacy policies and data consent mechanisms
- Consult with a qualified Turkish law firm or Istanbul lawyer firm for ongoing legal counsel
At ER&GUN&ER Turkish Law Firm, our experienced information technology and intellectual property lawyers in Turkey provide end-to-end legal services on PDPL compliance. Don’t wait for a violation to occur—get expert guidance today.
You can read our previous article at Documents Required in an Employee File.