Data protection and privacy—Turkey—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Data protection and privacy—Turkey—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Turkey—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: Turunç—Esin Çamlıbel; Beste Yıldızili Ergül; Naz Esen

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

The Turkish Constitution specifically protects PII (personal data) since 2010.

Protection of PII has also been regulated by specific legislation, namely the Personal Data Protection Law (PDPL), Law No. 6698, which came into force in October 2016. Directive 95/46/EC is the starting point for the PDPL. Even though there are various differences between the PDPL and the General Data Protection Regulation (GDPR), the PDPL is generally based on and follows the GDPR. (A translated version of the PDPL is available on the Personal Data Protection Authority’s website.)

Turkey is party to the Convention for the Protection of Individuals with regard to Automated Processing of Personal Data of 1981 of the Council of Europe. The Convention was published in the Turkish Official Gazette in March 2016 and become domestic law.

Crimes against data protection and related sanctions are also regulated by the Turkish Criminal Code.

2. Which authority

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