TÜRKIYE Law and Practice Contributed by: Bora Yazıcıoğlu, Kübra İslamoğlu Bayer, Simge Yüce and Yiğit Aktimur, YAZICIOGLU Legal
YAZICIOGLU Legal NidaKule – Göztepe Merdivenköy Mahallesi Bora Sokak
No 1 Kat 7 34732 Kadıköy / Istanbul Türkiye
Tel: +90 216 468 88 50 Fax: +90 216 468 88 01 Email: info@yazicioglulegal.com Web: www.yazicioglulegal.com
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws The Right to Protection of Personal Data The right to protection of personal data has been regulated as an individual right under the Consti - tution of the Republic of Türkiye (the “Constitu - tion”) since its amendment in 2010. According to Article 20(3) of the Constitution, the right to protection of personal data includes the right to: • be informed about the processing of personal data; • have access to personal data; • rectification or deletion of personal data; and • be informed about whether personal data is used in accordance with the appropriate purposes. According to the same article, personal data may only be processed if the law allows it or if the data subject gives explicit consent. The article finally states that the law must regulate
the procedures and principles of processing per - sonal data. The Turkish Data Protection Law Pursuant to Article 20(3) of the Constitution, Turkish lawmakers enacted the Turkish Data Protection Law (the “DP Law”), which is the first general law that specifically regulates the pro - cedures and principles for processing personal data in Türkiye. It entered into force on 7 April 2016. Although it came into force only one month before the European Union General Data Protec - tion Regulation (GDPR), the DP Law was drafted considering only EU Directive 95/46/EC. Cur - rently, efforts are underway to align the DP Law with the GDPR. As part of these efforts, the Law on Amendments to the Criminal Procedure Law and Certain Laws, including amendments to the DP Law (“DP Law Amendments”), was published in the Official Gazette on 12 March 2024. Upon the entry into force of the DP Law Amend - ments on 1 June 2024, these efforts were fol - lowed by the publication of the By-Law on the Procedures and Principles Regarding the Trans - fer of Personal Data Abroad (“By-Law on Data
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