KVKK Alert in GDPR Turkish All Over the World and in All Companies

Introduction to KVKK and GDPR

The General Data Protection Regulation (GDPR) and the Law on the Protection of Personal Data (KVKK) have been implemented across all European countries, as well as Turkey and the United States, demonstrating a strong commitment to safeguarding personal data and upholding privacy rights.

With the rapid increase in technology, companies are increasingly requesting our personal information even for the simplest of transactions, such as ordering a glass of water. This underscores the critical need for adopting global applications that safeguard personal information.

Based on the results of a NetApp survey, it is anticipated that 44% of companies in Europe will experience a significant decrease in profits due to non-compliance with GDPR (KVKK) regulations resulting from errors or incomplete information. The predictive rate is even higher in the United States. Please refer to the chart below for a visual representation of the predicted impact of GDPR (KVKK) in America, England, France, Germany, Europe, the Middle East, Africa, and globally.

Respectively; Loss of Reputation (of the brand) - Loss of Profit - Loss of Confidence in the Company from Existing Customers - Loss of Confidence in the Company in Existing Partners - Danger in Company Shares Due to Financial Penalties - Loss of Employee's Job

What Exactly is KVKK (GDPR)?

This law confidently aims to safeguard the fundamental rights and freedoms of individuals, particularly their privacy in processing personal data. It also effectively regulates the obligations of natural and legal persons who process personal data, as well as the procedures and principles that must be diligently followed.

This law applies to all natural persons whose personal data is processed, as well as to both natural and legal persons who fully or partially process this data, whether automatically or manually, as long as they are part of any data recording system. Rest assured, this law has got you covered no matter how your personal data is being handled.

I Have a Private Company. Does KVKK Interest Me?

Of course! KVKK has an impact on all companies, even sole proprietorships. It's your responsibility to safeguard personal data, keep it from third parties, and ensure the security of the data. Not doing so can lead to hefty fines.

As a confident business owner, your first step is to determine the "Data Controller" for your company. The Law provides a clear definition of the Data Controller as follows:

The data controller is the person or organization that determines the purposes and methods of processing personal data. They are responsible for setting up and managing the data recording system. Legal entities are considered to be "data controllers" within the scope of their activities in processing personal data. The legal responsibility specified in the relevant regulations will be assigned to the legal entity. There is no distinction between public law legal entities and private law legal entities in this regard. Rest assured that the data controller is fully equipped and confident in their ability to manage your personal data in accordance with all applicable laws and regulations.

As per the law, the data controller is the individual who determines the purpose and method of processing personal data. To put it simply, they are the person in charge of answering the "why" and "how" questions regarding the processing of data.

What Can Companies in Turkey Do?

First and foremost, it is imperative to identify the data controllers. Following this crucial step, establishing a new department dedicated to KVKK would undoubtedly reap benefits. Not only would this create a brand new business area, but it would also generate countless employment opportunities. In fact, the field of KVKK is expected to see new specializations and consultancies, such as Occupational Health Specialists, emerge in the near future.

This issue is of utmost importance, and it is imperative that companies pay close attention to it in order to avoid being subjected to significant fines. Rest assured that with proper attention and action, this issue can be successfully and efficiently addressed.

The rule and law applies uniformly throughout Europe. It's important to note that this situation is not unique to Turkey, which means that individuals with a strong command of English can confidently offer consultancy services throughout Europe.

What were the Benefits of KVKK to End Consumers and Customers?

We can confidently say that companies will no longer be allowed to distribute and sell our personal information without our explicit consent. Any violation of this rule will result in severe fines.

In order for companies to share personal data with third parties within the country, they must meet the following conditions with confidence:

• Obtaining the explicit consent of the person concerned,
• clearly stipulated in the law,
• It is imperative to protect the life or physical well-being of an individual who is incapable of expressing consent due to current impossibility or whose consent is not legally valid.
• If personal data of the parties involved in a contract is directly related to the establishment or performance of the contract, then it is absolutely necessary to process such data.
• It is mandatory for the data controller to fulfill its legal obligation,
• The person concerned has been made public by himself,
• Data processing is mandatory for the establishment, exercise or protection of a right,
• Data processing is necessary for the legitimate interests of the data controller, as long as it does not infringe upon the fundamental rights and freedoms of the data subject.

For companies to share personal data with third parties abroad:

• Having the express consent of the person concerned,
• The transfer of data to countries with adequate protection, as determined by the Board, must fully comply with the conditions specified in paragraph 2 of Article 5 and paragraph 3 of Article 6 of the Law. We are confident in our ability to meet these requirements and ensure the safety of your data.
• When transferring data to countries without adequate protection, it is necessary to commit to providing adequate protection in writing and obtain permission from the Board, as long as the circumstances specified in the Law (as outlined in the second paragraph of Article 5 and the third paragraph of Article 6 of the Law) are met. Rest assured that these requirements will be met to ensure the safe and legal transfer of data.

conditions must be met.

When companies complying with KVKK use your personal information without your consent, take action. You have the right to protect your personal data. Here's what you can do:

As a consumer, customer, or end user, you have the right to expect that your personal data is being kept secure. If you believe that your personal information has been shared with another person or institution without your express consent, you can take action. Simply log in to the KVKK website and click on the "Complaint Notice" button on the main page. From there, you can confidently fill out a complaint and submit it online, knowing that your concerns will be addressed.

I hope that all companies can comply with KVKK regulations while minimizing the impact on their systems.

If you do not have enough information about KVKK, you can access all information from this address. Click it.