The Personal Data Protection Authority (KVKK) in Turkey has released an extensive guide detailing the principles and procedures governing the cross-border transfer of personal data. Published in January 2025, this guide aligns with recent amendments to Turkey’s Personal Data Protection Law (Law No. 6698) introduced by Law No. 7499. These changes not only enhance the regulatory framework but also bring Turkey’s data protection standards closer to global benchmarks, such as the EU’s General Data Protection Regulation (GDPR).
In this article, we provide an overview of the guide, breaking down its key sections, implications, and strategies for compliance.
The transfer of personal data outside national borders has always been a sensitive area in privacy law. The purpose of the amendments to Article 9 of the Personal Data Protection Law is to streamline and clarify processes for organisations managing cross-border data flows. As international businesses increasingly rely on cloud-based services and international partnerships, a structured approach to data transfer is essential.
Key Drivers for Change Analysis of Turkey’s Updated Cross-Border Data Transfer Regulations under KVKK
The amendments were driven by:
Global Alignment: Aligning with GDPR provisions, particularly regarding adequacy decisions, standard contractual clauses, and exceptional transfers.
Facilitating International Business: Addressing barriers caused by overly restrictive rules and promoting economic activities.
Enhancing Data Protection: Strengthening the legal and procedural safeguards for personal data.
Understanding the Three-Tiered Framework Analysis of Turkey’s Updated Cross-Border Data Transfer Regulations under KVKK
The guide introduces a comprehensive three-tiered framework for the cross-border transfer of personal data:
1. Adequacy Decisions
Under the revised framework, personal data can be transferred to countries or specific sectors within a country if the KVKK determines that they provide an adequate level of protection. Key highlights include:
Sectoral Adequacy: Adequacy decisions are no longer limited to entire countries. For instance, a specific industry, such as healthcare or automotive, in a country may be deemed adequate even if the overall country does not meet the criteria.
Review Mechanisms: Adequacy decisions will be reassessed every four years to ensure ongoing compliance with international standards.
Criteria for Adequacy: Factors considered include the recipient’s legal framework, enforcement mechanisms, and adherence to international conventions. Analysis of Turkey’s Updated Cross-Border Data Transfer Regulations under KVKK
2. Appropriate Safeguards
When an adequacy decision is unavailable, organisations can rely on specific safeguards to transfer data:
Binding Corporate Rules (BCRs): Designed for multinational organisations to ensure compliance across all branches.
Standard Contractual Clauses (SCCs): Pre-approved contractual terms that outline obligations and responsibilities for data controllers and processors.
Written Undertakings: Tailored agreements submitted to and approved by the KVKK.
3. Exceptional Transfers
In limited circumstances, data can be transferred without adequacy decisions or safeguards. These include:
Explicit Consent: Obtaining the informed and explicit consent of the data subject.
Contractual Necessity: Where the transfer is essential for fulfilling contractual obligations with the data subject.
Public Interest: Transfers necessary to protect critical public interests.
Detailed Overview of Key Sections in the Guide
1. Regulatory Evolution
The guide explains the historical context and evolution of Turkey’s data protection laws. With the enactment of Law No. 6698 in 2016 and subsequent amendments in 2024, Turkey has established a robust framework for protecting personal data while enabling international data flows.
2. Definitions and Key Terms
Clear definitions are provided for critical terms such as:
Data Controller: The entity determining the purpose and means of data processing.
Data Processor: The entity processing data on behalf of the controller.
Adequacy: The level of protection offered by the recipient jurisdiction.
3. Detailed Safeguards
The guide elaborates on the various safeguards and their operationalisation:
BCRs: Must be approved by the KVKK and include commitments on data security, transparency, and rights of data subjects.
SCCs: These must outline the data categories involved, purposes of transfer, and technical measures to protect data.
Written Undertakings: These are bespoke contracts submitted to the KVKK for approval.
4. Exceptional Transfers Explained
The guide categorises exceptional transfer scenarios and their practical application, including case studies:
Emergency medical data transfers.
Cross-border collaborations in public health crises.
5. Enforcement and Compliance
Monitoring Mechanisms: The KVKK will actively monitor compliance through audits and periodic reviews.
Sanctions: Non-compliance may result in significant administrative fines and other penalties.
Implications for Businesses
The updated framework requires organisations to take proactive steps to ensure compliance. Key actions include:
Reviewing Data Transfer Agreements: Assess existing contracts to ensure they align with KVKK’s latest standards.
Updating Privacy Policies: Clearly communicate cross-border data transfer practices to data subjects.
Implementing Technical Safeguards: Adopt encryption and pseudonymisation techniques to protect data during transfer.
Training Employees: Ensure staff are aware of the new rules and their responsibilities.
Practical Examples and Case Studies
The guide provides hypothetical scenarios to illustrate the application of the rules. For example:
“Scenario 1:When a data controller in a third country directly obtains personal data from a data subject in Turkey:If a data subject living in Turkey fills out a form on an online website, providing their name, surname, and email address for the delivery of a bag purchased online to their residential address in Turkey, and the website is operated by a company incorporated in a third country but targeting the Turkish market, the data subject directly shares their personal data with the third-country company. Since the personal data is obtained directly from the data subject and not transferred by a data controller or processor, it does not constitute a transfer of personal data. However, as the processing activity is subject to the Turkish Data Protection Law (the "Law"), compliance with the Law will be required.
Scenario 2:When a data controller in a third country directly obtains personal data from a data subject in Turkey and some processing activities are carried out by a data processor outside Turkey:If a data subject living in Turkey fills out a form on an online website, providing their name, surname, and email address for the delivery of a bag purchased online to their residential address in Turkey, and the website is operated by a company incorporated in a third country but targeting the Turkish market, and the orders received via the website are processed by a data processor for the third-country company, then the personal data is directly obtained from the data subject and does not constitute a transfer of personal data. However, the processing activity will still be subject to the Law.
In this specific case, the involvement of a data processor outside Turkey and the sharing of personal data with the processor constitutes a transfer of personal data. If personal data is processed by a data processor outside Turkey on behalf of the third-country company, the provisions of the Law regarding the transfer of personal data abroad will apply.
Scenario 3:When personal data collected by a platform in Turkey is subsequently transferred to a third-country data controller:If a data subject living in Turkey books a hotel abroad via an online travel agency, and the personal data is collected by the Turkish online travel agency acting as the data controller and sent to the hotel, which is a separate data controller, this constitutes a transfer of personal data. The provisions of the Law regarding the transfer of personal data abroad will apply.
Scenario 4:When a data controller in Turkey transfers data to a data processor in a third country:If a data controller company established in Turkey shares personal data of its employees and customers with a company in a third country acting as a data processor on its behalf, this constitutes a transfer of personal data. The provisions of the Law regarding the transfer of personal data abroad will apply.
Scenario 5:When a data processor in Turkey sends data back to a data controller in a third country:If a company that is not established in Turkey but acts as a data controller sends personal data of its employees and customers to a data processor in Turkey for processing on its behalf, the data processor’s obligations under the Law will apply due to its establishment in Turkey. However, the data controller’s status as a third-country entity means that sending this data back to the data controller constitutes a transfer of personal data, and the provisions of the Law regarding the transfer of personal data abroad will apply.
Scenario 6:When a data processor in Turkey transfers data to a sub-processor in a third country:If a data controller company established in Turkey appoints a Turkish company as its data processor, and the Turkish processor delegates part of its processing activities to a sub-processor in a third country, the data processing activity carried out by the data controller and the Turkish processor within Turkey is subject to the Law. However, the transfer of personal data by the Turkish processor to the sub-processor in a third country constitutes a transfer of personal data, and the provisions of the Law regarding the transfer of personal data abroad will apply.
Scenario 7:When a subsidiary data controller in Turkey shares personal data with its parent company (a data processor) in a third country:If a subsidiary transfers employee data to its parent company in a third country for the purpose of storing it in a centralised HR database, the parent company processes this data in the capacity of a data processor, while the subsidiary acts as the data controller. The subsidiary is subject to the Law, and as the parent company is located in a third country, this processing activity constitutes a transfer of personal data. The provisions of the Law regarding the transfer of personal data abroad will apply.”
The KVKK’s updated guide marks a pivotal shift in Turkey’s data protection landscape. By aligning with international norms, it fosters greater trust and cooperation in cross-border data exchanges.
At CCS Law, we provide tailored advice and legal support to navigate the complexities of data protection regulations. Whether you need assistance drafting BCRs, obtaining adequacy decisions, or implementing SCCs, our team is here to guide you.
Contact us today to ensure your data practices comply with the latest KVKK standards and international requirements.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
#DataProtection #PrivacyLaw #CrossBorderDataTransfer #GDPRCompliance #KVKKCompliance #PersonalDataProtection #DataSecurity #DataPrivacy #CyberSecurity #LegalAdvice #LawUpdates #LegalServices #TurkishLawyer #CorporateLaw #BusinessLaw #InternationalDataTransfer #PrivacyCompliance #LegalFramework #LegalSupport #LawFirmTurkey #ComplianceStandards #IstanbulLawyer #AnkaraLawyer #IzmirLawyer #AntalyaLawyer #BursaLawyer #GaziantepLawyer #LawyerInTurkey #TurkishLegalServices #LawFirmInTurkey #LegalConsultancy #CCSLaw #BusinessCompliance #LawForBusinesses #LegalExperts #CorporateCompliance #KVKKGuide #BCRs #SCCs #DataAdequacy #ExceptionalTransfers #PersonalDataInTurkey #KVKK2025 #DataProtectionTurkey #TechLaw #CyberLaw #DataPrivacyAwareness #GlobalPrivacyStandards #InternationalLaw #ComplianceMatters #BusinessLawyer #InternationalCompliance