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Personal data law is the field of law that regulates the rules concerning the processing, storage, transfer, deletion, anonymization and protection of all kinds of information relating to identified or identifiable natural persons. This field is based on the protection of individuals’ fundamental rights and freedoms, and ensures that companies, institutions and data processors conduct their personal data processing activities in compliance with the law.
Personal data law is not limited only to the preparation of disclosure texts or explicit consent forms. Data inventory, retention and destruction policies, data security measures, processing of employee and customer data, cross-border data transfers, special categories of personal data and Personal Data Protection Board processes are also evaluated within the scope of this field.
Personal data refers to any information relating to an identified or identifiable natural person. Name, surname, telephone number, e-mail address, Turkish identity number, address, IP information, customer records, employee personnel files and camera recordings qualify as personal data.
The main criterion in personal data law is whether the data, alone or together with other information, makes a person identifiable. Therefore, each data group collected by companies must be evaluated separately in terms of its purpose of use, retention period, transfer relationship and legal basis for processing.
The main types of data evaluated within the scope of personal data are as follows:
Identity information
Contact information
Financial information
Customer transaction records
Employee personnel information
Camera recordings
IP address and digital transaction records
Health data and special categories of personal data
The purpose for which these data are processed, with whom they are shared and how long they are retained are determining factors in terms of personal data law.
Special categories of personal data are data that may cause serious loss of rights for the data subject if processed unlawfully. Health data, biometric and genetic data, criminal conviction information, trade union membership, political opinions, religious beliefs and clothing-related information are evaluated within this scope.
The processing of these data is subject to stricter conditions under personal data law. Therefore, when special categories of personal data are processed, the legal basis, access authorization, data security measures and retention period must be clearly determined.
The KVKK compliance process aims to ensure that the data controller’s personal data processing activities comply with legislation. In this process, the preparation of standard texts alone is not sufficient. The institution’s actual data processing structure must be analyzed, and data flows and risk points must be clearly identified.
Within the scope of KVKK compliance work, the following matters are generally evaluated:
Preparation of the personal data processing inventory
Preparation of disclosure texts
Establishment of explicit consent processes
Preparation of retention and destruction policies
Review of employee, customer and supplier data processes
Evaluation of camera, cookie and digital data processing activities
Determination of data security measures
Management of data breach and Board application processes
These activities must be carried out in line with the institution’s field of activity. Compliance processes conducted with standard and generic texts do not provide sufficient legal protection in the event of an audit or complaint.
In order for a personal data processing activity to be considered lawful, it must be based on one of the processing conditions stipulated by law. Explicit consent is only one of these conditions, and it is not necessary to obtain separate explicit consent for every personal data processing activity.
The data controller is obliged to inform the data subject about the processed data, the purpose of processing, the legal basis and transfer processes. Therefore, disclosure texts should be prepared not with generic statements, but in accordance with the institution’s actual data processing activities.
Cross-border transfer of personal data is one of the most technical areas of personal data law. Transfers made through cloud software, e-mail services, CRM systems, digital advertising tools, human resources platforms and global group companies are evaluated within this scope.
In the cross-border transfer process, the basis of the data transfer, the continuity of the transfer, the country to which the transfer will be made, the contractual structure between the parties and the administrative and technical measures to be taken must be examined together. Incorrect or incomplete assessment in this process creates the risk of administrative fines, complaint procedures and reputational damage for the data controller.
When evaluating cross-border data transfers, the software used, server locations, service provider agreements and data flows between group companies are analyzed carefully.
A personal data breach arises when processed personal data is accessed by unauthorized persons, obtained unlawfully, lost, disclosed or cannot be secured. Data breaches are not only a technical security issue for companies and institutions, but also a process that creates legal liability.
In the event of a data breach, the scope of the breach, the number of affected persons, the data category, the source of the breach, the security measures taken and notification obligations are evaluated together. In processes conducted before the Personal Data Protection Board, timely detection of the incident, submission of necessary notifications and documentation of technical and administrative measures are important.
Lexnova İçli Law provides legal support to companies, healthcare institutions, technology companies, e-commerce businesses, educational institutions and employers in KVKK compliance, contract, policy, application and audit processes within the scope of personal data law.
Within this scope, data processing processes are analyzed, legal risks are identified, necessary texts are prepared and a data protection structure suitable for the institution’s field of activity is established. Receiving regular consultancy in the field of personal data law helps reduce the risk of administrative sanctions and strengthens the institution’s data security culture.
Personal data law covers processes relating to the processing, storage, transfer, deletion, anonymization and protection of personal data. KVKK compliance work, disclosure obligation, explicit consent, data breach notification and Board processes are also evaluated within this field.
Explicit consent is not required for every personal data processing activity. If the data processing activity is based on one of the other processing conditions stipulated by law, the relevant legal basis is used instead of explicit consent. Therefore, each data processing process must be evaluated separately.
The KVKK compliance process is not completed only by preparing a disclosure text or explicit consent form. The institution’s actual data processing processes, retention periods, transfer relationships, technical measures, administrative procedures and employee practices must be evaluated together.
Cross-border transfer of personal data arises when data is transferred to a person, institution, server, software or service provider located outside Türkiye. Cloud systems, global software, e-mail infrastructures, CRM programs and group company transfers are carefully examined within this scope.
Monday - Friday / 09:00 - 18:00
