ADMINISTRATIVE FINE AMOUNTS IN PERSONAL DATA PROTECTION LAW FOR YEAR 2023
In this Newsletter, we intend to update you on various administrative fines which are imposed on data controllers (in Turkish, “veri sorumlusu”) within the scope of Article 18 under the title of “Misdemeanors” (in Turkish, “Kabahatler”) of the Law on the Protection of Personal Data Numbered 6698 (in Turkish, “6698 Sayılı Kişisel Verilerin Korunması Kanunu”). We herewith submit to your information the administrative fine amounts (i) comparing to limits applied in 2022 and (ii) the updated limits for the year 2023:
| Misdemeanors | Fine Amounts in 2022 (TRY) |
Fine Amounts in 2023[1] (TRY) |
| Violation of the Obligation of Informing (in Turkish “Aydınlatma Yükümlülüğüne Aykırılık”) | 13,393 – 267,886 | 29,857,01 – 597,198.26 (EUR 1,500-EUR 30,000) |
| Violation of the obligation of Data Security (in Turkish, “Veri Güvenliği Yükümlülüğüne Aykırılık”) | 40,183 – 2,678,866 | 89,579,96 – 5,972,040.56 (EUR 4,500-EUR 300,000) |
| Violation of the Decisions Provided by the Board (in Turkish, “Kurul Tarafından Verilen Kararlara Aykırılık”) | 66,972 – 2,678,866 | 149,300.68 -5,972,040.56 (EUR 7,500-EUR 300,000) |
| Violation of Obligation of Registration and Notification With VERBIS (in Turkish, “VERBİS’e Kayıt ve Bildirim Yükümlülüğüne Aykırılık”) | 53,576 – 2,678,866 | 119,436.98 – 5,972,040.56 (EUR 6,000-EUR 300,000) |
The said administrative fines have been updated according to the “revaluation rate” (in Turkish, “Yeniden Değerleme Oranı”) announced for 2023. In accordance with the repetitive article 298 of the Tax Procedure Law No. 213, the revaluation rate was published in the Official Gazette on 24 November 2022 and numbered 32023. Accordingly, the revaluation rate was determined as 122.93% for 2023. Besides, the above referred updated amounts for the year 2023 are expected to be published on the Personal Data Protection Authority’s website soon.
Kindly note that all-other administrative fines stipulated in relevant laws and regulations shall be increased in accordance with revaluation rate of 122.93%. We therefore advise that the involving parties should carefully observe their obligations to ensure full compliance with the relevant legislation.
Our Law Firm remains at your disposal for any further clarifications you may need.