Introduction
Law No. 6698 on the Protection of Personal Data (KVKK) establishes the fundamental legal framework governing the personal data processing activities of all natural and legal persons operating in Turkey. Although many organizations have completed their compliance process since the law came into force, significant deficiencies and errors continue to be encountered in practice. This article examines the key points to consider during the KVKK compliance process, common mistakes, and ways to avoid them.
Data Inventory and Mapping
The most critical first step of the KVKK compliance process is to prepare a comprehensive data inventory. Data controllers must map out in detail which personal data they collect, for what purposes this data is processed, to whom it is transferred, and how long it is retained. Registration with the Data Controllers Registry Information System (VERBIS) is also based on this inventory information. An incomplete or inaccurate inventory can create a domino effect that negatively impacts the entire compliance process.
Disclosure Obligation
Pursuant to Article 10 of the KVKK, data controllers are obligated to inform data subjects at the time personal data is obtained. Disclosure notices must contain information about the identity of the data controller, the purposes for which data will be processed, to whom it may be transferred, the collection method and legal basis, and the rights of the data subject. One of the most common mistakes encountered in practice is keeping disclosure notices too general and standardized, failing to reflect company-specific data processing activities.
Explicit Consent Management
Explicit consent, which is one of the lawful grounds for processing personal data listed in the Law, must be specific, informed, and based on free will. Common mistakes made by companies include tying explicit consent to service conditions, obtaining blanket consent, combining the consent text with the disclosure notice, and failing to provide an effective mechanism for withdrawal of consent. The Personal Data Protection Board specifically draws attention to these issues in its decisions and imposes administrative fines in cases of violation.
Technical and Administrative Measures
Article 12 of the KVKK requires data controllers to take appropriate technical and administrative measures to ensure adequate security levels, aimed at preventing unlawful processing of personal data, preventing unlawful access to data, and ensuring the preservation of data. Within this scope, access controls, encryption, regular security audits, employee training programs, data processing agreements, and breach response plans must be implemented. In 2025, the Board imposed substantial fines on several companies due to deficiencies in technical measures.
Sanctions and Conclusion
Under the KVKK, administrative fines may range from TRY 100,000 to TRY 1,000,000 for failure to fulfill the disclosure obligation, and from TRY 150,000 to TRY 3,000,000 for violations of data security obligations. In addition, the Board has the authority to order the suspension of data processing or the deletion of data. It is of great importance for companies to adopt a proactive approach and regularly review and update their compliance processes.