Personal Data Protection Law Consultancy

Personal Data Protection Law and All You Need to Know

The Personal Data Protection Law is a legislation that aims to protect the rights of individuals regarding the processing of their personal data. GDPR focuses on key objectives such as ensuring the lawful and fair processing of personal data, protecting the confidentiality and integrity of such data, securing the rights of data subjects and determining the obligations of data controllers.

This law encourages a more comprehensive approach to the protection of personal data as the digital transformation accelerates. With the widespread use of the Internet and increased interaction on digital platforms, the privacy and security of individuals’ personal information has become an important issue. The GDPR addresses this challenge and sets standards for the collection, processing, storage and use of personal data.

The purpose of this law is not only limited to the protection of personal data, but also to raise public awareness and to establish a fair balance between data processors and data subjects. In addition to enabling individuals to move around safely in the digital environment, GDPR also encourages businesses to adopt a more responsible attitude towards data security. In this way, by creating a more solid and reliable ground for the protection of personal data, the interests of both individuals and businesses are taken into consideration.

GDPR Lawyer Consultancy Service

Derya Yurteri Çetin, the founder of DYC Legal Consultancy, holds the title of Data Protection Officer (DPO), which is held by only a few people in the European Union, as well as ISO/IEC 27001:2013 Information Security Management System Lead Auditor and ISO/IEC 27701:2019 Personal Data Management System Lead Auditor certificates.

The main services provided by DYC Legal Consultancy in this context are as follows:

• Performing risk analysis with GDPR check-list
• Following the risk analysis, the presentation of the report, which will determine the Company’s road map, and the creation of the action list
• Creating a personal data inventory specific to the Company
• Carrying out data analysis of personal data inventories and distinguishing between general and special categories of personal data
• Fulfilment of the obligation to register to VERBIS
• Establishment of a personal data protection committee
• Establishment of policies, disclosure and explicit consent texts
• Carrying out storage and destruction processes
• Organising personal data subject application forms and carrying out the processes regarding how to respond to these application forms
• Creation of confidentiality agreements and data transfer undertakings between the data controller and the data processor regarding data transfer
• Establishment of contracts regarding data transfer abroad
• Revising company policies within the framework of compliance with the protection of personal data
• Organising trainings for people who are involved in all kinds of activities related to the processing of personal data, especially those who are in the GDPR committee, in order to create an in-house culture regarding the protection of personal data
• Revising contracts within the framework of compliance with personal data protection
• Taking all technical and administrative measures to protect personal data
• Establishment of confidentiality agreements between data controllers regarding data transfer.

In addition, DYC Legal Consultancy provides regular monthly GDPR consultancy services upon request following the completion of the compliance project.

The main services provided by DYC Legal Consultancy within the scope of monthly Personal Data Protection Consultancy are as follows;

• Following the completion of the harmonisation project, to carry out periodic follow-up and audit of the GDPR process
• To ensure the revision of the GDPR process regarding the innovations and changes that may occur within the scope of the legislation
• To chair the meetings to be organised by the Personal Data Protection Committee
• To follow up legal correspondence processes with the Personal Data Protection Authority
• To respond to applications to be made by data subjects

Basic Principles of Personal Data Protection Law

Legal Framework of the Law on Protection of Personal Data

This law is closely related to the European Union’s General Data Protection Regulation (GDPR) and has similar characteristics. However, it has been drafted in a unique way, taking into account the specific conditions and requirements of Turkey. The essence of the Law is based on the principle of lawful, accurate and proper processing of personal data. Law No. 6698 on the Protection of Personal Data adopts basic principles such as transparency, accountability and protection of the rights of data subjects in the processes of collecting, using and storing personal data.

Businesses and organisations in Turkey are obliged to comply with this law and are required to take the necessary measures to protect personal data. The purpose of the law is to ensure the security of individuals’ personal data and to ensure that data processors fulfil their legal responsibilities. In this way, a stronger protection is provided for data privacy and security of both individuals and organisations. With the implementation of Law No. 6698 on the Protection of Personal Data, it is aimed to raise the standards of personal data protection in Turkey and increase its international competitiveness.

What is Personal Data?

Personal data refers to information specific to an individual; this information is data that identifies the identity of the person or can be associated with a specific person, such as name, surname, Turkish ID number, e-mail address. Any collection, storage, sharing or processing of such information falls within the scope of the Law No. 6698 on the Protection of Personal Data. The Law aims to ensure that individuals process such data in accordance with the law and in a fair manner and grants data subjects certain rights in this process.

The protection of personal data is becoming increasingly important in the modern digital age. With the widespread use of the internet and increased interaction on digital platforms, the privacy and security of individuals’ personal information has become an important issue. Therefore, legislation such as the Law No. 6698 on the Protection of Personal Data is vital to ensure the security of individuals’ personal data, to determine the responsibilities of data processors and to raise standards in this area. The Law encourages organisations to manage their data processing processes in a transparent and accountable manner to enable individuals to navigate safely in the digital world. In this way, a more solid ground is established for data privacy and security for both individuals and businesses, ensuring a secure environment in the digital world.

Legal Conditions of Data Processing

The legal and legitimate basis of data processing activities is the basis for ensuring data security and protecting personal data. Therefore, certain conditions must be met in data processing processes. For example, the processing of personal data may require the explicit consent of the data subject. This states that it is not lawful to process personal data without the data subject’s knowledge and consent. There are also certain legal obligations, such as the processing of data for the performance of a contract. In this case, the data processing activities are carried out in order to fulfil the terms of the contract, which indicates that the data processing is based on a legitimate basis.

A legitimate basis for data processing ensures that personal data is processed lawfully and fairly. This protects the rights of data subjects and determines the responsibilities of data processors. Data processing without a legitimate basis may result in a breach of personal data and a violation of confidentiality. It is therefore important that data processors carefully manage their data processing and base it on legitimate grounds. Furthermore, legitimate grounds requirements should be considered in conjunction with other data protection principles and a holistic approach to the protection of personal data should be adopted. This both ensures that individuals’ data privacy is protected and helps businesses fulfil their legal obligations.

Personal Data Protection Law Applications and Obligations

Definitions of Data Controller and Data Processor

The Law on the Protection of Personal Data defines two main roles as ‘data controller’ and ‘data processor’. Data controller refers to the organisation or individual who is responsible for data processing activities and manages these processes. The data controller is authorised to make decisions on how personal data will be collected, for what purposes it will be processed and with whom it will be shared. On the other hand, the data processor is the party that carries out the data processing processes in line with the instructions determined by the data controller.

The data processor processes personal data as authorised by the data controller and takes the necessary security measures in these processes. However, the data processor may not use or process data other than the instructions of the data controller. Clearly defining these roles ensures that personal data protection and processing processes are carried out in a transparent and organised manner. Furthermore, defining these roles ensures that the relationships and responsibilities between the data controller and the data processor are clearly set out, thus ensuring that both parties act in accordance with legal requirements. This is an important step to protect the security and confidentiality of personal data.

Obligations Imposed by the Law on the Protection of Personal Data

The Law on the Protection of Personal Data sets out various obligations for data controllers and data processors. These obligations include important steps such as ensuring the security of personal data, creating a data processing recording system and reporting data breaches. For example, as a law firm, we take special measures to ensure that client data is properly processed and stored in accordance with Law No. 6698 on the Protection of Personal Data. This process is critical to ensure the security of both our business and our clients.

Data security should be handled meticulously, taking into account factors such as client privacy and legal compliance. This ensures that personal data is protected from unauthorised access and processed in accordance with the law, thus ensuring the security of both the business owner and the clients.

Individual Rights and Application Procedures

The Law on the Protection of Personal Data gives individuals the right to exercise control over their personal data. Individuals have the right to learn whether their personal data is being processed, to request correction of data, and to request deletion of data under certain conditions. These rights are critical to protecting personal data and ensuring privacy and enable individuals to have access to information and control over their data. By exercising these rights, individuals can understand how their personal data is processed and request correction or deletion when necessary. In this way, individuals have more control over their data and their privacy is protected.

In order to exercise these rights, an application can be made to the relevant data controller. Data controller refers to the organisation or person responsible for the processing of personal data. Individuals can apply to the data controller to find out how their personal data is processed and to check the accuracy of this data. They may also request correction if they believe that their data is inaccurate or request deletion of the data under certain conditions. The data controller is obliged to respond to these requests within the legal framework and takes the necessary steps to protect the rights of individuals. In this way, a secure digital environment is created by ensuring that individuals have more control over their personal data and their data is protected.

Personal Data Protection Law Violations and Sanctions

Consequences of Personal Data Protection Law Violations

Violations of the Law on the Protection of Personal Data may have both legal and financial consequences and bring serious sanctions. In case of breach, data controllers and data processors may face serious fines. In particular, data security breaches may cause both material and reputational damages for organisations and may lead to long-term consequences.

As a personal experience, a client of mine experienced a data breach in which the data controller failed to notify the breach despite realizing the breach, which resulted in a large fine. This shows that data controllers need to take data breaches seriously and take the necessary steps in a timely manner. Furthermore, transparent communication and cooperation in such incidents can help mitigate damage and rebuild trust. Therefore, it is vital for organizations to comply with the requirements of the law and rigorously implement data security measures.

Sanctions and Administrative Fines

The administrative fines set under the Law on the Protection of Personal Data are quite serious and the consequences of violations are quite severe. In particular, data security breaches and unauthorized processing of personal data can lead to serious financial sanctions for organizations. Such violations not only cause financial losses, but also seriously damage the reputation of organizations. Therefore, organizations must fully comply with the requirements of the Personal Data Protection Law No. 6698 and rigorously implement data security measures. Otherwise, they may face the risk of administrative fines. In addition to these sanctions, organizations may also face long-term consequences such as loss of clients, litigation processes and loss of reputation. Therefore, it is vital for organizations to take data security and personal data protection seriously.

Personal Data Protection Law in Practice

Tips for Personal Data Protection Law Compliance

Complying with the Personal Data Protection Law can be a complex process and needs to be managed effectively. In order to successfully manage this process, it is crucial to create a detailed data inventory, establish internal audit mechanisms and train employees. First, organizations should determine their existing data inventories to clearly identify what type of data is processed, where it is stored and how it is processed.

In addition, by establishing internal audit mechanisms, they should regularly review their data processing processes and assess the effectiveness of the compliance process. It is also crucial to train employees on GDPR requirements and raise awareness. In this way, organizations can comply with data protection standards and minimize the risks of potential breaches. This process helps organizations both fulfill their legal obligations and ensure data security.

Personal Data Protection Law Audits and Internal Audit Processes

Audits stand out as a critical element of the compliance process with the Personal Data Protection Law No. 6698. It is vital for companies to conduct regular internal audits and meticulously review their compliance processes. Internal audits help organizations assess their current data processing activities and identify gaps in the compliance process. In addition, internal audits assess the effectiveness of existing policies and procedures, revealing opportunities for improvement.

In this way, companies can take the necessary steps to comply with data protection standards and identify potential non-compliances in advance. Regular internal audits are critical for organizations to fulfill their legal obligations and ensure data security. Therefore, it is important for companies to devote sufficient resources and attention to internal audit processes and compliance mechanisms.

Personal Data Protection Law and Technology

Implementation of the Law on the Protection of Personal Data in the Digital Environment

With the rapid development of technology, how to apply the Personal Data Protection Law in digital environments has become an important issue. In particular, e-commerce websites, mobile applications and cloud services are of particular importance under the Personal Data Protection Law No. 6698 and should be handled with care. For example, if you operate an e-commerce website, you should pay attention to the requirements of the Personal Data Protection Law when collecting, storing and processing your clients’ data. This is vital to protect the confidentiality of client information, prevent data breaches and ensure legal compliance.

Likewise, mobile applications and cloud services should also be carefully managed in terms of user data protection. Therefore, any business operating in the digital environment should understand the requirements of the Personal Data Protection Law and comply with the Personal Data Protection Law No. 6698 by taking appropriate technical and organizational measures. This is critical both to protect the reputation of the business and to ensure client trust.

Data Security and Protection Measures

Data security constitutes one of the most critical elements of the Personal Data Protection Law. Law No. 6698 on the Protection of Personal Data aims to protect personal data against unauthorized access, loss or misuse. For this reason, businesses should both take technical security measures and raise awareness of employees on this issue. Technical security measures include measures such as strong encryption, secure network configuration and firewalls.

In addition, raising awareness and training employees plays a critical role in ensuring data security. Employees should be informed about the correct processing, sharing and storage of personal data. They should also be constantly encouraged to comply with data security policies and follow security protocols. In this way, businesses can follow an effective strategy to ensure data security and minimize potential risks.

Future and Prospects of the Personal Data Protection Law

The Law on the Protection of Personal Data is an important step forward in the field of data protection in Turkey. However, with the development of technology and social needs, the legislation in this field needs to be constantly updated. In the coming years, the Law on the Protection of Personal Data is expected to be further developed and harmonized with international standards. In this process, it is important both to protect the rights of individuals and to make companies more aware of data security.

The Law on the Protection of Personal Data is of great importance in terms of its social and economic impacts, protection of privacy rights and ensuring data security. The Law on the Protection of Personal Data enables both individuals and companies to act more consciously and responsibly in terms of data protection. Law No. 6698 on the Protection of Personal Data is an important step towards ensuring data security in the digital age and developments in this field should be closely monitored.

Key Principles and Similarities of the GDPR

GDPR Key Principles

GDPR is an important law that entered into force in Turkey in 2016. Law No. 6698 on the Protection of Personal Data sets out the basic rules on the processing, storage and transfer of personal data. The primary purpose of GDPR is to ensure data security and protect individuals’ rights over data. In this context, it is among the basic principles stipulated by the GDPR that organizations process personal data appropriately and store it securely. In addition, privacy and security standards must also be complied with in data transfer processes.

The focus of the GDPR is on protecting and ensuring the privacy of individuals’ data. Therefore, it is important to adopt a transparent and fair approach to the collection, processing and sharing of personal data. In this way, both the security of individuals is ensured and organizations fulfill their legal obligations.

Key Principles of the GDPR

GDPR is an important regulation that entered into force in the European Union in 2018. The GDPR has a broader scope than the GDPR and contains very strict rules on data protection and privacy. GDPR aims to make data processing activities more transparent and increase individuals’ control over their data.

Accordingly, the GDPR introduces stricter regulations on the collection, processing and sharing of personal data and places more responsibility on data controllers. In addition, the GDPR encourages organizations to be more careful by stipulating sharper sanctions in case of data breaches. In this way, individuals’ data security and privacy are more effectively protected and a more trustworthy environment is created in the digital world.

Similarities between the Two Regulations

Both regulations attach great importance to the protection of personal data and strengthen the rights of individuals. In particular, data processing transparency and individuals’ control over their own data are common aspects of the GDPR. Both regulations ensure that organizations manage the collection, processing and storage of personal data transparently and that individuals are informed about these processes.

Furthermore, both regulations encourage individuals to take more control over their data and require explicit consent to data processing activities. In this way, individuals’ privacy and data security are more effectively protected, ensuring trustworthiness in the digital world. These regulations make both organizations and individuals more aware of data processing processes and contribute to raising data protection standards.

Differences between GDPR

Scope and Application Area

While the Law on the Protection of Personal Data only applies to data processors within the borders of Turkey, the GDPR covers organizations that process data of EU citizens outside the borders of the European Union. This means that the GDPR has a wider scope of application, especially for multinational companies.

As the GDPR covers all organizations that process EU citizens’ data, companies operating outside Europe are also required to comply with the GDPR. This means that the GDPR has a global reach and requires a more complex compliance process for international companies. It is therefore important for multinational companies to comply by taking into account the data protection regulations in each region in which they operate.

Obligations of the Data Controller and Processor

The GDPR contains similar rules on the roles and obligations of data controllers and processors. However, the GDPR defines the obligations of data controllers and processors in more detail and imposes additional requirements, such as the obligation to appoint a “data protection officer”. I therefore advise clients to pay particular attention to these points in their GDPR compliance process.

Requirements such as the appointment of a data protection officer require organizations to take additional steps to ensure the standards of protection offered by the GDPR. It is important for my clients to understand these additional requirements and manage the compliance process accordingly, both to ensure legal compliance and to follow data protection best practices. In this way, our clients’ GDPR compliance process is successfully completed and they conduct their business in compliance with data protection standards.

Rights of Individuals

Both regulations allow individuals to exercise their rights over data. However, the GDPR defines some new rights such as the “right to be forgotten”. Although Law No. 6698 on the Protection of Personal Data offers similar rights, the GDPR offers a wider range of rights. In particular, the GDPR’s so-called “right to be forgotten” includes the right of individuals to request the erasure of their personal data.

This ensures that individuals have the right to ask processors to erase or remove their personal data under certain conditions. Such new rights reflect the GDPR’s more comprehensive and robust approach to personal data protection. It is therefore important to explain to clients these differences between the GDPR and highlight the additional rights that the GDPR offers. This way, clients can understand how individuals’ data protection rights are more comprehensively protected and manage the compliance process more effectively.

GDPR Compliance Processes

Comparison of Compliance Processes

The Personal Data Protection Law compliance process is mandatory for companies in Turkey and has a narrower geographical scope compared to the GDPR. In contrast, the GDPR requires a more comprehensive compliance process for companies operating internationally. For example, if a client does business in both Turkey and Europe, it is required to comply with both regulations.

In this case, a two-way effort is required to understand and comply with both the Personal Data Protection Law and the requirements of the GDPR. Complying with personal data protection law requires not only meeting the legal requirements in Turkey, but also taking into account the data protection standards of clients operating in the European Union. It is therefore important for clients to implement appropriate processes and take the necessary measures to operate in compliance with both regulations. This ensures both legal compliance and client trust.

Violations and Sanctions

In both regulations, data breaches can lead to serious sanctions. However, GDPR has more severe criminal sanctions than the Personal Data Act. Especially under GDPR, penalties of up to 4% of companies’ global revenues may be in question. In my personal experience, the seriousness of GDPR violations has made companies pay more attention to this issue.

These severe criminal sanctions imposed by the GDPR have encouraged companies to invest more in data protection measures and manage compliance processes more rigorously. In this way, data breaches and security risks are prevented, ensuring the data security of individuals and protecting the reputation of companies. Therefore, it is extremely important to operate in compliance with both regulations and strictly adhere to data protection standards.

The Future of GDPR

Impact on International Data Protection Standards

GDPR plays an important role in shaping international data protection standards. In particular, GDPR has affected the data protection laws of many countries around the world. The strict regulations and sanctions introduced by the GDPR have led other countries to strengthen and tighten their data protection legislation. Therefore, the GDPR has become a reference point in the international arena and has encouraged other countries to raise their data protection standards.

It contributes to increasing data protection awareness in Turkey. The rules and sanctions introduced by GDPR have increased the awareness of companies and individuals in Turkey on data protection. In this way, it is aimed to raise data protection standards and ensure data security in Turkey. Regulations such as GDPR create a global awareness on data protection and encourage international co-operation in the field of data security. In this way, both the data security of individuals is ensured and organisations are supported to operate in an internationally harmonised manner.

Expected Future Changes and Updates

Both regulations may be updated over time. The rapid development of technology and changes in data processing methods require the GDPR to be constantly reviewed. In the coming years, we may see changes in both regulations that will further strengthen the rights of individuals.

When choosing between GDPR, Turkish companies need to consider both national and international obligations. It is critical for companies to be proactive about data protection and comply with both regulations, both to fulfil legal obligations and to maintain client trust. By complying with the GDPR standards, companies can follow the best practices in data protection and securely protect customer data. In this way, both legal responsibilities are fulfilled and competitive advantage is gained by increasing customer satisfaction and trust.