The Protection Of Personal Data In Turkey - When To Begin?

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Although the "Law on The Protection of Personal Data, No. 6698" has been issued in Official Journal No. 29677, dated 7 April 2016, there are still some doubts about the application of protection of personal data.

We informed you that many of the provisions will come into effect after six months of the issuance of the law (7 October 2016 - tomorrow) and companies will have a preparation period, and that a "Personal Data Protection Board" will be established to determine the criteria and rules as regard to implementation of the Law.

PERSONAL DATA PROTECTION BOARD

Now the election of the members of above mentioned Board is in the Parliament's agenda. It is expected that the members will be elected by 7 October and the Board will be established and starts its function.

Only after that we can be clear on:

  • How the Data controllers will be registered?
  • How the Data Controller Registry will be kept by the Board?
  • What will be the exemptions for this obligation by taking into consideration the nature and number of processed personal data?
  • Which countries have adequate level of protection?
  • And which countries can be transferred personal data if there is not adequate level of protection, by assessing the following points;

 

  • international agreements,
  • the state of reciprocity,
  • nature of data, duration and purpose of processing,
  • measures as regard to data protection guaranteed by the controller in the country?

 

  • How to apply to penal provisions for non-compliances.

THE ARTICLES TO BE IN FORCE ON 7 OCTOBER;

  • Transfer of personal data (Art. 8)
  • Transborder transfer of personal data (Art. 9)
  • Rights of data subject (Art. 11)
  • Provisions related to appeal and complaint
  • Keeping record of data controller
  • Punitive articles (Art. 17, 18)

REGULATIONS ARE TO COME INTO EFFECT IN ONE YEAR

According to Transitional Article 1,

"The regulations prescribed in this Law will enter into force within one year following the date of publication of this Law."

SUMMARY

In the light of the above explanations, it seems that full application of the Law will take some time and we will be updating you in case of any development.

For detailed information about the Law you can reach our article at the link below;

http://datassist.com/blog/114-personal-data-protection-begins-in-turkey

 

 

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