With the Personal Data Protection Authority stepping up enforcement activity, Turkish companies face heightened scrutiny of their data processing practices. This article outlines the key compliance obligations, common pitfalls, and practical steps every business should take now.

The Regulatory Landscape

Law No. 6698 on the Protection of Personal Data (KVKK) has been in force since 2016, yet many companies still operate with incomplete or outdated compliance frameworks. The Personal Data Protection Authority has dramatically increased enforcement activity since 2023, issuing decisions against companies across sectors including finance, healthcare, e-commerce, and telecommunications.

The maximum administrative fine stands at approximately ₺7.5 million per violation — and where multiple violations are identified in a single inspection, fines accumulate rapidly.

Five Frequently Overlooked Obligations

1. Cross-Border Data Transfers

Sending personal data outside Türkiye — to cloud providers, group companies, or foreign service providers — requires explicit consent, a finding of adequate protection, or a KVKK Board-approved undertaking. Many companies routinely transfer data to foreign servers without satisfying any of these conditions.

2. VERBIS Registration

Data controllers above the threshold must register with the Data Controllers Registry (VERBİS) and keep records current. Companies that have restructured, changed data processing activities, or onboarded new vendors frequently fail to update their entries.

3. Information Notices

The obligation to provide specific information to data subjects at the point of collection is often fulfilled only superficially. Generic privacy policies, notices that fail to identify all processing purposes, or notices that are not clearly accessible all create regulatory risk.

4. Data Retention and Deletion

Personal data must not be retained beyond what is necessary. Many companies retain data indefinitely by default — creating both regulatory exposure and security risk.

5. Vendor and Third-Party Risk

Where a data processor is engaged, written data processing agreements meeting KVKK requirements are mandatory. Many companies have no such agreements, or rely on vendor-supplied documents that do not meet Turkish requirements.

Practical Steps

• Conduct a data processing inventory to map all personal data flows
• Review and update VERBIS registrations for accuracy
• Audit information notices against current regulatory expectations
• Implement retention and deletion schedules across all data categories
• Review vendor agreements to address data processing obligations
• Assess cross-border data transfers and establish compliant mechanisms

This article is provided for informational purposes only and does not constitute legal advice.