Personal Data Protection (KVKK) in Türkiye

We help companies and investors meet their obligations under Türkiye's Personal Data Protection Law (KVKK, Law No. 6698), from day-to-day compliance to cross-border transfers and Board investigations.

Av. Onur ÇalışıcıIstanbul Bar reg. no 83426

In brief

  1. The KVKK (Law No. 6698) applies to anyone who processes personal data, and the VERBIS Regulation expressly covers controllers not established in Türkiye.
  2. As a rule, processing needs explicit consent, unless a specific statutory exception applies. Special categories (health, biometric, belief and others) may only be processed on one of the grounds listed in Article 6(3).
  3. Data controllers must register with VERBIS before they start processing, unless the Board has exempted their category (Article 16(2)).
  4. Since 1 June 2024 (amendments by Law No. 7499), data can also move abroad under the Board's standard contract or Board-approved binding corporate rules.
  5. The Board issues binding decisions and imposes administrative fines that rise each year by the revaluation rate; unlawful recording, disclosure or non-destruction of data are also crimes under the Turkish Penal Code (Articles 135-140).
  6. Building compliance in early is far cheaper than defending a Board investigation after a complaint or breach.

Personal data protection in Türkiye is governed by the Personal Data Protection Law No. 6698 (Kişisel Verilerin Korunması Kanunu, or KVKK), which took effect in 2016. The law is closely modelled on European standards and, following its March 2024 amendments, has moved further toward alignment with the EU General Data Protection Regulation (GDPR). For any company operating in or entering the Turkish market, KVKK compliance is now a baseline requirement rather than an afterthought: it shapes how you hire, sell, market, and run your IT systems from day one.

The framework at a glance

The KVKK is enforced by the Personal Data Protection Board (Kişisel Verileri Koruma Kurulu), the decision-making body of the Personal Data Protection Authority. The Board issues binding decisions, investigates complaints, publishes guidance and imposes administrative fines. Publicity matters in practice: the Board announces the decisions it considers necessary (Article 23(5)) and may publish a data breach on its website (Article 12(5)), so a compliance failure can become a reputational event as well as a financial one.

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The law rests on a familiar set of definitions:

  • Data controller: the natural or legal person who determines the purposes and means of processing and is responsible for setting up and managing the filing system. The VERBIS Regulation expressly covers controllers not established in Türkiye.
  • Data processor: a natural or legal person who processes personal data on the controller’s behalf, based on the authority the controller grants.
  • Processing: almost any operation performed on personal data, including collection, recording, storage, alteration, disclosure and transfer.

What this means for you

If you sell to Turkish consumers, employ people in Türkiye, or run a website or app that collects data from users in the country, you are almost certainly a data controller under the KVKK, even if your servers and headquarters are abroad. The practical consequence is that the first compliance question is rarely “does the law apply?” but “where are our gaps, and how exposed are we?”

Lawful grounds for processing

As a rule, personal data may only be processed with the explicit consent of the data subject. Article 3 defines explicit consent as consent relating to a specific matter, based on information and given with free will. A pre-ticked box or a blanket “I agree to everything” clause buried in terms of service is hard to reconcile with that definition.

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The KVKK then sets out specific exceptions where processing is lawful without consent, such as where it is:

  • expressly permitted by law;
  • necessary to process the data of the parties to a contract, where directly related to concluding or performing it;
  • required to comply with a legal obligation of the controller;
  • necessary to protect the life or bodily integrity of a person, or of another, where that person cannot express consent due to actual impossibility or their consent has no legal validity; or
  • necessary for the controller’s legitimate interests, provided the data subject’s fundamental rights are not prejudiced.

Special categories of data (Article 6(1) lists race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, dress, membership of associations, foundations or trade unions, health, sexual life, criminal convictions and security measures, and biometric and genetic data) may not be processed unless one of the grounds in Article 6(3), as amended with effect from 1 June 2024, applies: for example explicit consent, an express provision of law, data made public by the data subject in line with that intention, the establishment, exercise or protection of a right, health-care purposes pursued by persons under a duty of confidentiality, or legal obligations in employment, occupational safety and social security. The adequate measures set by the Board must also be taken (Article 6(4)). Because the bar is higher, processing them (for example, in HR files or health services) needs particular care.

A common and costly mistake is treating explicit consent as a catch-all. Consent that is bundled into a contract or made a condition of a service is hard to square with the requirement that consent be given with free will, and if that consent fails, processing that relied only on it has no lawful basis.

Rights of the data subject

The KVKK grants individuals a robust set of rights. A data subject may:

Show the 7 points
  • learn whether their personal data is being processed and request information about it;
  • learn the purpose of processing and whether the data is used accordingly;
  • know the third parties, in Türkiye or abroad, to whom data is transferred;
  • request correction of inaccurate data and erasure or destruction where the grounds for processing no longer exist;
  • ask that corrections and erasures be notified to the third parties who received the data;
  • object to an adverse outcome produced exclusively by automated analysis; and
  • claim compensation for damage caused by unlawful processing.

Controllers must conclude such requests as soon as possible and within 30 days at the latest (Article 13(2)). If the request is rejected, the answer is inadequate or no answer comes in time, the data subject may complain to the Board within 30 days of learning the answer and in any case within 60 days of the application; the application to the controller must come first (Article 14). In practice this means you need a working intake process (a monitored contact point, a template response and an internal owner) before the first request arrives, not after.

VERBIS registration

Article 16(2) requires controllers to enrol in VERBIS (Veri Sorumluları Sicili), the Data Controllers’ Registry, before processing begins. The registration describes, at a high level, what data you process, for what purposes, with whom you share it, and what security measures you apply. The Board may exempt categories of controllers on objective criteria; the Registry Regulation (Article 16) lists them, including the nature and number of the data, the purpose and sector of processing and the controller’s annual employee numbers or annual balance-sheet total. Whether an exemption applies should be checked against the Board’s current decisions rather than assumed.

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Foreign controllers without an establishment in Türkiye face an added step: under the Registry Regulation (Article 5(1)(b)) they must register through a data controller representative, a legal person established in Türkiye or a Turkish citizen, before processing begins. Because the registry is public (Article 16(1)), a missing entry is easy to detect, and breaching the registration and notification duty carries its own fine (Article 18(1)(ç)).

Cross-border data transfers after the 2024 reform

Transfer of personal data abroad was historically the most restrictive part of the KVKK, and for years it was the single biggest headache for multinational groups running shared HR, CRM or cloud systems. Law No. 7499, adopted in March 2024, rewrote Article 9 with effect from 1 June 2024 (the old consent-based rule could still be applied alongside it until 1 September 2024). The adequacy and safeguard routes also require one of the processing grounds in Article 5 or 6, and data may now be transferred outside Türkiye through:

Show the 3 points
  • an adequacy decision by the Board for the destination country, sectors within it or an international organisation;
  • appropriate safeguards such as the standard contract announced by the Board, binding corporate rules approved by the Board, or a written undertaking with the Board’s permission, provided the data subject can exercise rights and seek effective remedies in the destination country; or
  • specific exceptional grounds, including the data subject’s explicit consent after being informed of the possible risks, for occasional transfers.

A standard contract must be notified to the Authority within five business days of signing (Article 9(5)); failing to do so carries a separate fine (Article 18(1)(d)). This shift gives multinational groups practical, GDPR-style mechanisms that did not previously exist under Turkish law, but the mechanisms only protect you if the paperwork is actually in place and filed on time.

If your group moves Turkish employee or customer data to a parent company, a cloud provider, or a shared service centre abroad, the transfer needs a documented legal basis under the KVKK. Doing it on the strength of a global GDPR policy alone is not enough.

KVKK and GDPR side by side

For groups that already run a GDPR programme, the fastest way to scope the Turkish work is to see where the regimes diverge:

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TopicGDPRKVKK
Default lawful groundSix co-equal legal basesExplicit consent as the rule, with listed exceptions
Registry obligationNo general registryVERBIS registration for most controllers
Foreign controllersEU representative in some casesData controller representative + VERBIS registration
Cross-border transfersAdequacy, SCCs, BCRsSimilar routes since 1 June 2024; standard contracts must be notified to the Authority within five business days
EnforcementNational supervisory authoritiesKVKK Board; fines rise each year by the revaluation rate and are challenged before administrative courts

The practical takeaway: a GDPR-compliant group usually needs a focused local layer (Turkish-language notices, VERBIS and filed transfer documents) rather than a rebuilt programme.


Enforcement and penalties

Non-compliance carries real exposure. Article 18 of the KVKK sets ranges of administrative fines for failing to meet the duty to inform, breaching data security obligations, not implementing Board decisions, breaching VERBIS registration and notification duties, and not notifying a standard contract. Under Article 17(7) of the Misdemeanours Law, the amounts rise at the start of each year by the revaluation rate announced under the Tax Procedure Law, so the figures printed in the KVKK are not the current ones. Since 1 June 2024, Board fines are challenged before the administrative courts (Article 18(3)); applications already pending before the criminal judgeships of peace on that date stay there (Provisional Article 3).

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Separately, the Turkish Penal Code (Articles 135-140, applied through Article 17 of the KVKK) criminalises unlawfully recording personal data (Article 135), unlawfully giving, disseminating or obtaining it (Article 136) and failing to destroy data when the legal periods have expired (Article 138). Article 17(2) of the KVKK adds that failing to erase or anonymise data contrary to Article 7 is punished under Article 138. These offences are prosecuted without a complaint (Article 139), can expose individuals within a company to personal liability, and allow security measures against the legal person (Article 140). Affected individuals may also bring civil compensation claims under the general rules (Article 14(3)).

Because many Board decisions are published, the practical cost of a serious failure often exceeds the headline fine: prospective partners, investors and customers can see it.

If the Board opens an investigation, on a complaint or on its own initiative once it learns of an alleged breach (Article 15(1)), the quality of your written response matters enormously. The controller must send the information and documents the Board requests within 15 days and, where needed, allow an on-site inspection (Article 15(3)). Answering late, incompletely or without the supporting records (consent logs, notices, security policies) weakens the file. This is one of the areas where preparing before any incident pays off most directly.

What compliance looks like in practice

Companies operating in Türkiye should:

  • map their processing activities and maintain accurate records;
  • issue compliant privacy notices (aydınlatma metni) and, where required, collect valid explicit consent;
  • complete and keep current their VERBIS entry;
  • put data transfer mechanisms in place before moving data abroad;
  • implement technical and organisational security measures and a breach-response plan; and
  • train staff so that compliance is embedded rather than reactive.
Read the full section

We advise clients across the full lifecycle, from gap assessments and policy drafting to VERBIS filings, transfer agreements, breach notifications and representation before the Board. A common assumption is that a company broadly compliant with the GDPR is therefore compliant in Türkiye; often it is not, because of VERBIS, the consent default, and local notification rules. Early, structured compliance is far less costly than responding to an investigation after the fact.


Show the 4 points

Key figures

6698
Law number of Türkiye's data protection statute
2016
Year the KVKK entered into force
2024
Law No. 7499 (March 2024) rewrote the transfer rules
3
Legal routes for moving data outside Türkiye

How we build KVKK compliance

  1. Gap assessment

    We map your data flows and measure current practice against the KVKK, flagging the highest-risk gaps first.

  2. Notices and consents

    We draft compliant privacy notices (aydınlatma metni) and valid explicit-consent mechanisms tailored to each processing activity.

  3. VERBIS registration

    We prepare and file your VERBIS entry; if you are not established in Türkiye, registration runs through a data controller representative you appoint first.

  4. Transfer mechanisms

    We put standard contractual clauses, binding corporate rules or another lawful route in place before data leaves Türkiye, and notify standard contracts to the Authority within five business days.

  5. Ongoing compliance

    We train staff, set up a data-subject request process and a breach-response plan, and keep documentation current as the Board's practice evolves.

Frequently asked questions

What is the KVKK and who does it apply to?

The KVKK is Türkiye's Personal Data Protection Law (Law No. 6698). Under Article 2, it applies to the natural persons whose data are processed and to every natural or legal person who processes that data, by automated means or by non-automated means as part of a filing system. The Law has no separate territorial clause, but the Data Controllers' Registry Regulation expressly requires controllers not established in Türkiye to register through a representative. In practice, if you process data of Turkish customers, employees or users, assume the law reaches you even without a Turkish office.

Does my company need to register with VERBIS?

Article 16 of the KVKK requires data controllers to register with VERBIS, the Data Controllers' Registry, before they begin processing, but allows the Board to create exemptions on objective criteria. The Registry Regulation lists those criteria, including annual employee numbers and annual balance-sheet total, and the Board publishes its exemption decisions; whether a company falls within one should be confirmed case by case. Controllers not established in Türkiye that must register do so through a data controller representative before processing begins.

Can I transfer personal data outside Türkiye?

Yes, but only through one of the routes in Article 9 of the KVKK, as amended by Law No. 7499 with effect from 1 June 2024. A transfer needs either an adequacy decision or an appropriate safeguard (such as the Board's standard contract or Board-approved binding corporate rules), in each case together with a processing ground under Article 5 or 6, or, for occasional transfers only where neither is available, one of the exceptions in Article 9(6), such as explicit consent given after being informed of the possible risks. A standard contract must be notified to the Authority within five business days of signing.

What penalties apply for breaching the KVKK?

Article 18 of the KVKK sets administrative fines for failing to inform data subjects, breaching data security obligations, not implementing Board decisions, breaching VERBIS duties and not notifying a standard contract; under the Misdemeanours Law the amounts rise each year by the revaluation rate. Since 1 June 2024, these fines are challenged before the administrative courts. Separately, Articles 135-140 of the Turkish Penal Code criminalise unlawfully recording personal data, unlawfully giving, disseminating or obtaining it, and failing to destroy it when legal periods have expired. Data subjects may also claim compensation under the general rules, and the Board announces the decisions it considers necessary, creating reputational exposure.

What are the main rights of a data subject under the KVKK?

Under Article 11, individuals can learn whether their data is processed, request information about it, learn the purpose of processing, know the third parties in Türkiye or abroad to whom it is transferred, ask for correction or erasure, ask that corrections and erasures be notified to those third parties, object to an adverse result produced exclusively by automated analysis, and claim compensation for damage caused by unlawful processing. Under Article 13, the controller must conclude the request as soon as possible and within 30 days at the latest.

How is the KVKK different from the EU GDPR?

The two regimes share the same structure and much of the same vocabulary, and the 2024 reform narrowed the gap on international transfers. But important differences remain: the KVKK still treats explicit consent as the default lawful ground, VERBIS registration has no direct GDPR equivalent, deadlines and fine levels differ, and enforcement practice reflects the Turkish Board's own published decisions. Compliance built only for the GDPR does not automatically satisfy the KVKK.

This page is general information, not legal advice. For advice on your specific situation, speak with a lawyer.

Av. Onur Çalışıcı

The lawyer on your file

Av. Onur Çalışıcı

Founding Attorney · Istanbul Bar Association · Bar reg. no 83426

Lex lata is Latin for “the law as it is”. The office was founded by Av. Onur Çalışıcı, and you deal with Av. Çalışıcı directly from the first meeting to the end of the matter. With foreign clients we write in English and explain what each Turkish document says.

Write to us with what happened and which documents you have. We will read it and get back to you. You can write in English or Turkish.

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