AMENDMENTS TO THE PERSONAL DATA PROTECTION CODE HAVE ENTERED INTO FORCE
With reference to our Newsletter dated 18 March 2024 and titled “Significant Amendments to the Turkish Data Protection Law”, the amendments to the Personal Data Protection Code (“Code”) regulated thereunder have entered into force as of 1 June 2024.
In accordance with the amendments, the key actions to be taken by the data controllers and data processors are summarized as follows.
- Ensuring Proper Measures for Transfers Abroad
In case the transfer of personal data is continuous and in the absence of an adequacy decision of the Personal Data Protection Board (in Turkish “Kişisel Verilerin Korunması Kurulu”, the “Board”) for the said transfer, data controllers and processors shall ensure at least one of the following measures for data transfers abroad by 1 September 2024:
- The existence of an agreement, concluded by foreign public institutions or organizations and Turkish public institutions or professional organizations, approved by the Board,
- The existence of binding corporate rules,
- The existence of a standard contract declared by the Board,
- The existence of a written undertaking, approved by the Board.
- Updating Privacy Notices
Data controllers shall update their privacy notices and policies, in alignment with the amendments made to the Code, namely, the processing of sensitive personal data, new legal grounds and purposes for processing such data, transfer of personal data abroad based on above mentioned proper measures.
In addition, we would like to underline that as per the Regulation on Data Controllers Registry (in Turkish, “Veri Sorumluları Sicili Hakkında Yönetmelik”), the data controllers located abroad and involved in processing of personal data in Türkiye, are required to register with the Data Controllers’ Registry Information System (“VERBİS”), by means of an “Data Controller Representative” to be appointed in Türkiye.
Please kindly review our Newsletter dated 18 March 2024, “Significant Amendments to the Turkish Data Protection Law”, for further detailed information.
Our Law Firm remains at your disposal for any further clarifications you may need.
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