Home

Internal

Global

Contact

de|en|it

Rödl & Partner Italy advises LCF Alliance on 95 million financing with Societe Generale and BayernLB |

Worldwide

We use cookies to personalise the website and offer you the greatest added value. They are, among other purposes, used to analyse visitor usage in order to improve the website for you. By using this website, you agree to their use. Further information can be found in our data privacy statement.

Common compliance mistakes under the Turkish Data Protection Law

published on 23 July 2025 | reading time approx. 4 minutes

A recurring misconception - especially among multinational companies - is that compliance with a foreign data protection regulation (such as the GDPR) is sufficient for their operations in Turkey. But, as soon as personal data is processed in Turkey or from Turkey, the Turkish Data Protection Law (“KVKK”) comes into force and applies for the Turkish company, regardless of the global location of the parent company.

Therefore, full compliance with the KVKK is mandatory for any company conducting data activities related to the Turkish jurisdiction.

Since 2024, the Turkish Personal Data Protection Authority (“Board”) has adopted a significantly more proactive enforcement policy. Sector-wide audits have been conducted in industries such as healthcare, financial services, e-commerce and human resources. On-site inspections are also being carried out more and more frequently. In addition, the Board sends regular correspondence to companies to check and question their compliance, which increases the pressure on data controllers and improves transparency.

These developments reflect the authority's obligation to initiate investigations ex-officio and have led to an increasing number of fines, reinforcing expectations of compliance across all sectors.

In practice, many organizations —regardless of their size or sector— continue to demonstrate recurring compliance mistakes that expose them to significant regulatory risks under the KVKK. One of the most common violations is with regards to incomplete or inadequate personal data protection information. Many data controllers / companies fail to clearly inform data subjects about the scope, purpose and legal basis of their personal data processing activities, which undermines transparency and accountability of personal data processing.

Another area of concern is non-compliance with the obligation to register with the Data Controllers’ Registry (“VERBIS”), which remains one of the most sanctioned administrative mistakes. This obligation applies broadly to data controllers meeting certain thresholds and is essential for regulatory transparency.

Incomplete implementation of technical and organizational security measures, such as missing control protocols, security measures, and internal audits, is another widespread deficiency that is often associated with security incidents or data breaches.

Non-compliance with the decisions of the Board, particularly the non-fulfillment of deletion orders or rectify unlawful processing— signals a breakdown in regulatory cooperation and typically results in heightened penalties.

Finally, improper or undocumented international personal data transfers, especially to countries not deemed to offer adequate protection, continue to pose serious risks. In some cases, companies rely solely on consent or miss the deadline for submitting the standard contractual clauses to the Authority within 5 days after signing. This can result in significant penalties.

Compliance Recommendations for Companies

Given the stricter enforcement landscape, companies operating in Turkey should prioritize the following measures:

Inform every data subject clearly and comprehensively about the processing of their personal data, including what specific data is being processed, the legal basis for processing, the retention period, whether the data will be shared with third parties or transferred cross-border, and the data subject's rights;
Review and where necessary, update privacy notices;
Ensure documentation and implementation of adequate technical and organizational measures;
Check for and comply with VERBIS registration obligations;
Ensure lawful cross-border data transfers and notify the Board when required;
Establish a structured personal data protection compliance program including staff training and internal audits;
Maintain open and timely communication with the Board in the event of data breaches or incidents.

Indeed, the fines imposed for these failures have significantly increased. As of 2025, the upper limit of administrative fines reaches 13.620.402 Turkish Lira. Violations concerning information texts or international transfers may be sanctioned with fines. In cases involving failure to implement adequate security measures or ignoring Board decisions, the penalties may reach the maximum threshold. Moreover, companies should bear in mind that enforcement measures do not only involve monetary fines. In cases of significant non-compliance, the Authority may also publish the details of the violation on its official website. Such public disclosure often results in reputational damage and a loss of trust among customers, business partners and the public.

Conclusion

The penalty framework highlights the Turkish regulator's firm stance on personal data protection. Companies processing personal data in or from Turkey should consider data protection not only as a legal formality, but as an integral part of their corporate governance and risk management strategy.