Purpose and Scope of KVKK
The Law on the Protection of Personal Data (KVKK) is an important legal regulation that entered into force in 2016 and aims to protect the personal data of individuals. The main purpose of this law is to protect the fundamental rights and freedoms of individuals, especially the right to privacy, and to regulate the obligations of natural and legal persons who process personal data and the procedures and principles to be followed. The LPPD covers the personal data of citizens of the Republic of Turkey as well as foreigners in Turkey and applies to natural and legal persons who process personal data or are part of the data recording system.
Concept and Types of Personal Data
Personal data refers to any information relating to an identified or identifiable natural person. These data include information such as name, surname, date of birth, telephone number, e-mail address, identification number. KVKK divides personal data into two categories as general and special categories. While general personal data includes general information such as name, surname, date of birth, telephone number, special categories of personal data include more sensitive information such as race, ethnic origin, political opinion, philosophical belief, religion, health, sexual life.
Processing of Personal Data and Processing Conditions
Processing of personal data covers all kinds of operations performed on the data such as obtaining, recording, storing, preserving, modifying, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of the data. The LPPD stipulates certain conditions for the processing of personal data. These conditions include obtaining the explicit consent of the data subject, being explicitly stipulated by law, being directly related to the establishment or performance of a contract.
Data Controller and Data Processor Concepts
Two important concepts, “data controller” and “data processor” are defined in the LPPD. The data controller is the natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system. The data processor is the natural or legal person who processes personal data on behalf of the data controller based on the authorization granted by the data controller. The distinction between these two concepts is important for determining the responsibilities.
Measures to be taken for the Protection of Personal Data
The LPPD stipulates the technical and administrative measures that data controllers must take to protect personal data. These measures include establishing a technical infrastructure to ensure data security, training employees and raising awareness, limiting access authorizations to personal data, recording data processing activities and establishing policies for the deletion, destruction or anonymization of personal data.
Application Areas of KVKK
KVKK affects many sectors and fields of activity. The main application areas include e-commerce and online platforms, banking and finance sector, healthcare sector, educational institutions, telecommunication companies, social media platforms, human resources and recruitment processes, customer relationship management systems, marketing and advertising activities, and public institutions and government services. Institutions and organizations operating in these areas are obliged to take the necessary measures to comply with the LPPD.
KVKK Compliance Process and What to Do
There are steps that businesses and organizations should take to comply with the LPPD. These steps include creating a personal data inventory, reviewing and updating data processing policies, training and raising awareness of employees, taking necessary technical and administrative measures for data security, preparing and implementing explicit consent texts, establishing data retention and destruction policies, determining data breach notification procedures, and regularly conducting KVKK compliance audits.
KVKK Violations and Sanctions
The sanctions to be applied in case of violation of the LPPD are quite severe. These sanctions include administrative fines, suspension of data processing, deletion or destruction of personal data and imprisonment. Therefore, compliance with the LPPD is both a legal obligation and critical for the protection of corporate reputation.
Importance and Future of KVKK
The Law on the Protection of Personal Data is of vital importance for the protection of individuals’ fundamental rights and freedoms in the digital age. In today’s world, where technology is developing rapidly and data-driven business models are becoming widespread, the importance of the PDPL is increasing. In the future, the scope of the PDPL is expected to be expanded and further harmonized with international data protection standards. As a result, compliance with the LPPD is not only a legal obligation, but also critical for gaining customer trust and protecting corporate reputation.
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