Information Technology Law in Turkey: Personal Data Protection and Cybersecurity

In recent years, Turkey has significantly updated its legal framework for data protection and cybersecurity. These changes, particularly to the Law on the Protection of Personal Data (KVKK), aim to align Turkey’s data privacy regulations with international standards, such as the EU’s General Data Protection Regulation (GDPR). The amendments, effective from June 1, 2024, have introduced stricter penalties and updated the mechanisms for cross-border data transfers, making compliance crucial for businesses operating in Turkey. This guide outlines the key aspects of data protection and cybersecurity laws in Turkey, focusing on recent amendments and their implications.

The Law on the Protection of Personal Data (KVKK) has undergone significant revisions, particularly in terms of penalties and data transfer requirements:

1. Increased Administrative Fines: Penalties for non-compliance have been increased, with fines ranging from TRY 50,000 to TRY 1,000,000. These fines apply to a wide range of violations, including failure to report data breaches.
2. Cross-Border Data Transfers: Personal data can now be transferred abroad if lawful bases exist and adequate protections are in place, such as a qualification decision or appropriate safeguards.
3. Data Breach Notification: Companies must notify the Turkish Data Protection Authority within 72 hours of a data breach. Failure to comply with this requirement can result in significant penalties.

In addition to the KVKK, Turkey has introduced comprehensive cybersecurity regulations to protect its critical infrastructure:

1. National Cybersecurity Strategy: A five-year strategy focusing on public-private collaboration to enhance cybersecurity defenses.
2. BTK and SOME: The Information and Communication Technologies Authority (BTK) oversees compliance, while companies in critical sectors are required to establish Cyber Incident Response Teams (SOME) to handle cyber threats.

To ensure compliance with Turkey’s updated data protection and cybersecurity laws, businesses should:

1. Appoint a Data Protection Officer (DPO) to manage compliance with data protection regulations.
2. Conduct Regular Cybersecurity Audits to identify vulnerabilities and ensure systems are secure.
3. Implement an Incident Response Plan to quickly address and report data breaches.

Turkey’s recent amendments to the KVKK and cybersecurity regulations have increased the legal obligations for businesses, particularly in protecting and transferring personal data. Failure to comply can result in substantial penalties and operational risks. By following best practices, companies can ensure compliance and safeguard their business.