KVKK (Turkey)

Regulation Summary

Timeline

Enacted: March 24, 2016
Effective: April 7, 2016

What Businesses Are Affected

Natural and legal persons processing personal data wholly or partially through automated means or as part of a filing system.
Organizations based outside Turkey if they process the personal data of Turkish residents.

Exemptions

Personal data processed for personal or household activities.
Data used for official statistics, research, planning, and anonymized statistical purposes.
Processing for artistic, historical, or scientific purposes, provided fundamental rights are not violated.

Responsibilities for Businesses

Obtain explicit consent for processing personal data unless a legal exception applies.
Ensure data is processed lawfully, fairly, and transparently.
Limit processing to specified, explicit, and legitimate purposes.
Implement robust security measures to prevent unauthorized access, alteration, or destruction of personal data.
Notify breaches promptly to the Personal Data Protection Authority (KVKK) and affected individuals.
Register with the Data Controllers' Registry (VERBIS).

Specific Responsibilities for Website Owners

Obtain user consent for cookies and other tracking technologies.
Publish comprehensive privacy policies.
Facilitate the exercise of data subject rights, such as access and deletion.

Additional Requirements

Cross-Border Data Transfers: Allowed only to countries with adequate data protection or under agreements approved by KVKK.
Sensitive Data: Stricter safeguards apply to special categories of personal data, such as health and biometric data.
Data Retention: Limit data storage duration to what is necessary for the stated purpose and securely delete data thereafter.

Data Subject Rights

Access: Request confirmation of whether data is being processed.
Correction: Request correction of inaccurate or incomplete data.
Erasure: Request deletion or anonymization of personal data.
Objection: Object to processing under certain conditions.

Enforcement

Regulatory Authority: The Personal Data Protection Authority (KVKK).
Penalties: Fines range from TRY 5,000 to TRY 1,000,000 (~USD $210 to $42,000) depending on the violation.

How Clym can Help

Clym believes in striking a balance between digital compliance and your business needs, which is why we offer businesses the following:

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Seamless integration into your website;
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Customizable branding;
ReadyCompliance™: Covering 60+ data privacy regulations;
Six preconfigured accessibility profiles, as well as 25+ display adjustments that allow visitors to customise their individual experience.

You can convince yourself and see Clym in action by booking a demo or reaching out to us to discuss your specific needs today.