Law No. 6698 on the Protection of Personal Data (KVKK) subjects the personal data processing activities of all businesses operating in Turkey to specific rules. Following the entry of the law into force, every institution and organization qualifying as a data controller must run a comprehensive compliance program. Neglecting this process can result in both administrative fines under Article 18 and reputational damage.
Inventory and VERBİS Registration
The first step in the compliance process is to compile an inventory of the existing data processing activities of the business. Under the registration obligation before the Data Controllers Registry (VERBİS), it must be documented in detail which personal data are collected, for what purpose they are processed, to whom they are transferred, and for how long they are retained. This inventory exercise reveals the full picture of the business's data processing practices and enables gaps to be identified.
Privacy Notices
The duty to inform is one of the most fundamental obligations of data controllers under Articles 10 and 11. Data subjects whose personal data are processed must be informed in a clear and intelligible manner of the purposes for which their data are processed, the recipients to whom they may be transferred, and their rights. Privacy notices must be prepared at every point of contact, including websites, job application forms, customer agreements, and employee notification texts.
Explicit Consent Design
The correct design of explicit consent mechanisms is one of the most delicate points of the compliance process. For data processing activities that do not rely on the legal grounds set out in Article 5, the explicit consent of the data subject, freely given, is required. Such consent must relate to a specific matter, be based on prior information, and be expressed by free will. Generic or coerced approvals are legally invalid.
Technical and Administrative Measures
Adoption of technical and administrative measures under Article 12 plays a critical role in securing personal data. Technical safeguards such as access controls, encryption, log records, regular security tests, and a data breach response plan must be implemented. On the administrative side, employee training, confidentiality agreements, written data processing policies, and regular internal audit mechanisms are required.
Ongoing Programme
In sum, the KVKK compliance process should not be treated as a one off project but as an ongoing management process. Legislative changes, decisions of the Personal Data Protection Board, and new data processing activities arising as the business grows make it necessary to update the compliance program regularly. Our office supports clients with VERBİS registration, privacy notice drafting, DPIA preparation, and engagement with the Personal Data Protection Authority.