KVKK Amendment dated 12.03.2024

Article 9 of the KVKK, which regulates the transfer of personal data abroad, will be implemented both in its current form and in its revised form until 01/09/2024. Other provisions of Law No. 7499, which stipulate changes in KVKK, will come into force as of June 1, 2024.

With Law No. 7499, changes have been made in the processing conditions of special personal data, provisions regarding data transfer abroad, and the way of objecting to Board decisions.

The highlights in this context are;

• It will be possible to transfer data abroad by signing a standard contract announced by the Board, without the need for a separate permission. In case of failure to notify the Board after signing standard contracts, administrative fines are imposed on the data controller and data processors.

• It has been regulated that a lawsuit may be filed in administrative courts to object to the Board's decisions.

• The processing conditions for special categories of personal data have been expanded; For example, special personal data may be processed in cases where it is mandatory to fulfill legal obligations in the field of employment, occupational health and safety, social security or social services and social assistance. In order to exercise the right of defense in possible lawsuits that may be filed after the termination of the employment contract, the employer may continue to keep the health data of its former employee.

Transitional provisions have been introduced to avoid any hesitation in implementation.