Personal Data Protection Law

Personal data protection has become increasingly important with the widespread use of the internet. The illegal collection and spreading of personal data on the internet or the sharing of relevant information can cause significant harm and create victimization. As AVD Law Firm, we provide legal support and consultancy services in the field of KVKK law.

What is the scope of the Personal Data Protection Law?

The scope of KVKK is grouped under two separate headings. These are individuals whose personal data is processed by another person and real or legal entities that process someone else’s personal data. What is important here is that the personal data has been partially or completely processed. The processing of the relevant data can also be carried out automatically or based on a recording system.

Who is responsible under the Personal Data Protection Law?

KVKK holds both data owners and data controllers responsible for protecting personal data. As clearly understood from the law, every individual is primarily responsible for protecting their personal data.

What are the rights of individuals under the Personal Data Protection Law?

Under KVKK, certain rights are given to citizens related to the processing of personal data. These are:

• The right to know if their personal data is being processed.
• The right to object and claim compensation if they suffer damage as a result of the processing of their personal data.
• The right to request information about third parties related to the processing of their personal data.
• The right to request the destruction or deletion of their personal data.
• The right to request the correction of errors or deficiencies that occur during the processing of their data.
• The right to learn about third parties to whom their personal data has been transferred.
• The right to know if their personal data is used within the legal framework of processing.
• The right to request detailed information about the processed personal data. Citizens who have their personal data processed can request their rights from the data controller by applying.

Where are Personal Data Protection Cases Tried?

The question of which court hears KVKK-related cases is also frequently asked. Personal data protection cases are heard in civil courts. The location of the court hearing the case is determined according to the place of residence of the data owner.

What are the situations in violation of the Personal Data Protection Law?

The Personal Data Protection Law (KVKK) contains violation situations. These are:

• Recording of personal data in a manner not in compliance with the rules described in the law.
• Transferring of personal data to others in a manner not in compliance with the rules described in the law.
• Failure to destroy personal data within the time limits specified in the TCK.
• Failure to fulfill the obligation to inform described in the law.
• Failure to fulfill duties related to data security described in the law.
• Failure to comply with the decisions of the data protection board described in the law.

What is the Reporting Time for Data Breaches?

The responsibility for reporting data breaches lies with the data controller. Data controllers are obliged to report data breaches to the data protection board as soon as they detect them. The law specifies this time as seventy-two hours. If the data controller exceeds this time, they must explain the valid reason for this in the report to the board.

The crime of recording personal data and its elements

In cases where individuals’ personal data is recorded and used for different purposes without their explicit consent, the crime of recording personal data may occur. This act can result in different interests using personal data for purposes ranging from blackmail and threat to commercial purposes or humiliation. The law specifies the crime of recording personal data in detail. However, when no information is available, the number of victims increases. A large portion of these victims cannot be compensated, making it important for individuals to be aware of this crime and to have a good understanding of their rights according to the law.

What is the Crime of Recording Personal Data?

The act of recording the personal data of identifiable or determinable individuals in an unlawful manner is defined as the crime of recording personal data. The related crime covers the illegal recording of all information accepted as personal data in the law. The crime of recording personal data is often confused with the crimes of violating the privacy of private life, violating the confidentiality of communication, and acquiring and sharing personal data. It is important to accurately determine the elements of the crime in order to avoid this confusion. Seeking support from a KVKK lawyer is one step ahead in this context.

What Information is Accepted as Personal Data?

According to KVKK, not all information is accepted as personal data. Information accepted as personal data in the law includes:

• Personal data related to the way of life of individuals.
• Economic and financial information of individuals.
• Information disclosing the health condition of individuals.

What Services Do We Provide in the Field of Protection of Personal Data Law?

Our main services in the context of KVKK law are:

• Preparation of confidentiality agreements for information transfer among data controllers.
• Compliance with the obligation to register with VERBİS.
• Taking all administrative and technical measures for the protection of personal data.
• Revision of contracts in accordance with the protection of personal data.
• Preparation of agreements for data transfer abroad.
• Preparation of privacy policies for the protection of personal data.
• Establishing destruction and storage policies.
• Preparation of consent and disclosure texts.
• Legal analysis of the prepared personal data inventory.
• Preparation of a personal data inventory for the client.

As AVD Law Firm, we ensure the pursuit of our clients’ rights through legal action in disputes and controversies in the field of KVKK law. We are here to provide the best legal consultancy services in KVKK lawsuits with our team of expert and experienced lawyers. Our client-first policies enable us to offer legal support to individuals and companies.