Personal Data Protection Law

The Personal Data Protection Law (KVKK) is a fundamental regulation that aims to protect the privacy of individuals' private lives and prevent the unlawful processing of personal data.

Today, any data stored in a digital environment has the potential to threaten individual privacy. Therefore, all processes such as the processing, storage, and sharing of personal data with third parties are subject to legal supervision. A KVKK lawyer provides legal support to protect the rights of individuals or organizations in disputes arising in this area.

What Is Personal Data?

Personal data refers to any kind of information relating to an identified or identifiable natural person. This includes:

• First name, last name, national ID number
• Residential address, phone number
• Bank account details
• Video and audio recordings
• Biometric and genetic data
• Health records, criminal record
• Online behavior history

The unauthorized processing or sharing of such data is considered a violation under KVKK and may result in penalties.

What Does a KVKK Lawyer Do?

A KVKK lawyer provides legal consultancy in cases of unlawful processing or disclosure of personal data and initiates the necessary legal procedures. Some of the services provided within the scope of KVKK include:

• Managing individual application processes against data breaches
• Filing complaints to the Personal Data Protection Board (KVKK Board)
• Filing annulment lawsuits against the decisions of the Board
• Lodging criminal complaints in cases of misuse of personal data
• Handling claims for pecuniary and non-pecuniary damages
• Providing consultancy to companies during KVKK compliance processes
• Managing VERBIS registration and obligations
• Providing KVKK training to employees and internal company officials

KVKK Compliance Process and Corporate Obligations

KVKK regulates not only the rights of individuals but also the obligations of organizations. Especially data-processing companies must securely process and store the personal data of their employees and customers. Key steps in the compliance process include:

• Creating a personal data inventory
• Preparing explicit consent statements
• Fulfilling the obligation to inform
• Developing data security policies
• Taking technical and administrative measures against data breaches

Institutions that fail to comply with these rules may be subject to administrative fines and even criminal liability.

The Importance of Legal Support in Personal Data Protection

In cases of data breaches, issues such as the correct procedure, required documentation, and legal deadlines require technical knowledge. Moreover, failing to file complaints in a timely and proper manner may lead to a loss of rights. A KVKK lawyer manages the entire process on behalf of the client, minimizes legal risks, and prevents potential losses.

What Are the Common Violations of Personal Data?

• Collecting data without consent
• Sharing data with third parties without authorization
• Retaining data in the system after the storage period has expired
• Disclosure of data due to security vulnerabilities
• Using data contrary to its intended purpose

In such cases, the victim should first apply to the data controller. If no satisfactory result is obtained, a complaint can be submitted to the KVKK Board, and if necessary, legal proceedings can be initiated.

How Do KVKK Lawsuits Proceed?

Application to the Data Controller:
A person who believes their data has been violated must first apply to the data controller. The response period is 30 days.

Complaint to the Board:
If the data controller fails to respond or gives an insufficient reply, a complaint may be filed with the Personal Data Protection Board. The complaint must be filed within 30 days of receiving the response, or within 60 days of the application.

Annulment Lawsuit:
Annulment lawsuits may be filed in administrative courts against decisions made by the Board.

Criminal Complaint:
If the data breach constitutes a criminal offense under the Turkish Penal Code, a criminal complaint may be filed in criminal courts.

Compensation Lawsuit:
If a legal loss has occurred, both material and moral compensation may be sought.

What to Consider When Choosing a KVKK Lawyer?

• Knowledge of KVKK and GDPR regulations
• Strong understanding of the data controller-contact person relationship
• Meticulous process management
• Competence in criminal and administrative law
• Experience in internal compliance projects for companies

A lawyer’s command of legal processes related to data processing, storage, transfer, and deletion ensures that companies meet their obligations without facing penalties. Likewise, individuals benefit from legal assistance in asserting their rights when personal data is violated.

Conclusion

Protecting personal data is now the responsibility of not only individuals but also organizations. Failure to implement lawful data processing procedures may lead to administrative fines, criminal prosecution, and loss of reputation. Therefore, managing KVKK compliance processes correctly, preparing the necessary documents, and fulfilling legal obligations with professional support is of great importance.

A KVKK lawyer helps both protect individuals’ rights and ensure companies manage their compliance processes securely.