KVKK

Therefore, organisations should identify the appropriate KVKK processing condition for each processing activity rather than requesting consent for every type of personal data processing.

What Is Explicit Consent Under KVKK?

KVKK defines explicit consent as consent that is:

• Freely given
• Specific
• Informed

Consent should therefore represent a positive and meaningful expression of the data subject's wishes.

Consent management should avoid:

• Pre-selected consent options
• Vague or blanket consent
• Unclear purposes
• Hidden consent mechanisms
• Consent bundled unnecessarily with unrelated processing
• Interfaces that make refusal unnecessarily difficult

The KVKK Authority has emphasised the three core elements of explicit consent: a specific subject, information and free choice.

Consent Withdrawal

Where processing is based on explicit consent, organisations should provide a practical mechanism for managing the consent relationship.

A consent management system should allow organisations to:

• Record when consent was given
• Record what the consent covered
• Record the relevant purpose
• Record the user's choice
• Maintain evidence of consent
• Support changes to consent preferences
• Maintain records of withdrawals
• Prevent subsequent processing where consent is the applicable legal basis and has been withdrawn

ConsentX can help organisations operationalise these technical controls.

Special Categories of Personal Data Under KVKK

KVKK provides additional protections for special categories of personal data.

These include data relating to:

• Race
• Ethnic origin
• Political opinion
• Philosophical belief
• Religion
• Religious sect or other belief
• Appearance
• Association, foundation or trade-union membership
• Health
• Sexual life
• Criminal convictions and security measures
• Biometric data
• Genetic data

2024 Changes to Special-Category Data

Significant amendments to Article 6 entered into force in 2024.

The previous structure was replaced with a broader set of statutory conditions under which special categories may be processed without relying exclusively on explicit consent. These include certain legal requirements, public-health purposes, employment and social-security obligations, rights protection and other specified circumstances.

The 2024 amendments therefore make it particularly important for organisations to reassess legacy consent flows for special-category data.

Organisations should not automatically assume that every processing activity involving sensitive data must use the same consent mechanism.

Processing Special Categories of Personal Data

Where special-category data is processed, organisations should determine:

1. 1What category of data is involved?
2. 2What is the purpose of processing?
3. 3Which Article 6 condition applies?
4. 4Is explicit consent required?
5. 5What additional security measures apply?
6. 6Who can access the information?
7. 7How long should it be retained?
8. 8Is the information transferred to another party?
9. 9Is it transferred outside Türkiye?
10. 10What evidence should be retained?

KVKK also requires adequate measures determined by the Board when processing special categories of personal data.

Privacy Notices and Transparency

KVKK Article 10 requires data controllers to inform data subjects when personal data is obtained.

The information includes:

• Identity of the data controller
• Identity of its representative, where applicable
• Purpose of processing
• Recipients and purposes of transfers
• Method and legal basis of collection
• Relevant data-subject rights

For websites and applications, privacy notices should therefore be clear, accessible and appropriately connected to the data collection point.

Consent banners should not be treated as a substitute for a complete privacy notice.

Cookies and Tracking Technologies Under KVKK

KVKK does not mean that every cookie automatically requires explicit consent.

The appropriate legal treatment depends on:

• What information the cookie or tracker collects
• Whether the information constitutes personal data
• Why it is used
• Whether another Article 5 processing condition applies
• Whether the data is transferred to third parties
• Whether the activity involves international transfers
• Whether special-category information is involved

For analytics, advertising and other non-essential tracking, organisations should assess the applicable KVKK processing condition and implement an appropriate consent or notice mechanism where required.

ConsentX can help organisations identify cookies and trackers and apply region-specific controls.

Data Subject Rights Under KVKK

Article 11 provides data subjects with several rights.

Individuals may request:

• Confirmation of whether their personal data is processed
• Information about processing
• Information about processing purposes
• Information about third parties receiving their data
• Correction of inaccurate or incomplete data
• Erasure or destruction where the legal conditions apply
• Notification of corrections or deletions to relevant third parties
• Objection to certain adverse results produced solely through automated processing
• Compensation for damage arising from unlawful processing

KVKK Data Subject Requests

Data subjects can submit requests to the data controller in accordance with the procedures established under KVKK.

The controller generally must conclude the request as soon as possible and within a maximum of 30 days. Requests are generally free of charge, although a fee may be permitted in circumstances defined by the applicable rules.

ConsentX can support operational workflows for:

• Request intake
• Identity verification workflows
• Request tracking
• Evidence collection
• Internal assignment
• Deadline monitoring
• Response documentation
• Audit trails

Data Security Under KVKK

Article 12 requires data controllers to take necessary technical and organisational measures to provide an appropriate level of security.

These measures are intended to prevent:

• Unlawful processing
• Unlawful access
• Loss or compromise of personal data

Data controllers must also conduct or arrange appropriate audits concerning compliance with data-security requirements.

Where processing is performed by a data processor, the data controller retains responsibility for appropriate security measures.

KVKK Data Breach Notification

Where personal data processed by a controller is unlawfully obtained by others, the controller must notify the data subject and the Board within the shortest time.

The KVKK Board has interpreted the statutory expression “the shortest time” as no later than 72 hours after becoming aware of the breach. Where notification cannot be completed within 72 hours, the reasons for the delay should be included.

Organisations should maintain:

• Breach detection procedures
• Incident response processes
• Breach documentation
• Internal escalation procedures
• Regulatory notification workflows
• Data-subject communication procedures

Data Controllers and Data Processors

KVKK distinguishes between:

Data Controller

The organisation that determines the purposes and means of processing personal data.

Data Processor

A person or organisation processing personal data on behalf of the data controller.

Examples of processors can include:

• Cloud service providers
• Hosting companies
• CRM providers
• Email platforms
• Analytics providers
• Marketing technology providers
• Customer-support platforms

The data controller should maintain appropriate oversight of processors and ensure that security and privacy obligations are addressed throughout the processing relationship.

International Data Transfers Under KVKK

International data transfers are a major area of KVKK compliance.

Article 9 was substantially amended in 2024, introducing a new framework for transfers of personal data abroad.

Under the amended framework, transfers may rely on mechanisms including:

• An adequacy decision
• Approved binding corporate rules
• Standard contracts published by the Board
• Certain approved written commitments
• Specified exceptional transfer circumstances

Standard Contracts

Standard contracts are one of the safeguards available for international transfers.

The law requires the standard contract to be notified to the Authority within five business days following signature.

The KVKK Authority has published standard contract models covering different controller and processor relationships.

This is particularly important for organisations using international:

• Cloud infrastructure
• SaaS tools
• CRM platforms
• Analytics services
• Advertising technology
• Email providers
• Customer-support systems

International Transfers and Consent

Explicit consent can be one of the exceptional mechanisms for transferring personal data abroad, but the amended Article 9 framework does not make consent the default solution for routine international transfers.

Where relying on the exceptional transfer conditions, the statutory requirements and limitations must be assessed carefully.

For ongoing international transfers, organisations should generally assess whether an adequacy decision or appropriate safeguard is available.

VERBİS – Data Controllers’ Registry

KVKK establishes the Data Controllers’ Registry, known as VERBİS.

Data controllers subject to the registration obligation must register and provide information concerning their processing activities.

The registration framework can require information such as:

• Controller identity
• Processing purposes
• Categories of data subjects
• Data categories
• Recipients
• International transfers
• Security measures
• Maximum storage periods

However, the law allows the Board to establish exemptions based on objective criteria.

Current VERBİS Exemptions

The KVKK Board has established exemptions using criteria including the nature and quantity of data, processing activities and organisational characteristics.

A significant 2025 Board decision also expanded the exemption framework for certain small controllers whose main activity involves processing special-category personal data, using employee-number and financial-balance criteria.

Businesses should therefore verify their current VERBİS registration status and applicable exemption criteria rather than relying on older employee or revenue thresholds published in legacy compliance materials.

Data Retention and Deletion

KVKK requires personal data to be stored for the period established by relevant legislation or for the period required for the purpose of processing.

Where the reasons requiring processing no longer exist, personal data should be:

• Erased
• Destroyed
• Anonymised

as applicable.

Türkiye also has a dedicated By-Law on Erasure, Destruction or Anonymization of Personal Data, which establishes procedures for these activities.

Organisations should therefore maintain documented retention schedules and deletion procedures.

Automated Decision-Making

KVKK recognises a data subject's right to object to a result against them arising from analysis of personal data processed solely through automated systems.

This is relevant to businesses using:

• AI systems
• Automated profiling
• Automated customer scoring
• Fraud detection
• Recruitment technology
• Personalisation systems
• Automated eligibility decisions

Organisations using AI or automated decision systems should assess the relevant KVKK processing conditions, transparency obligations, data-subject rights and security requirements.

Direct Marketing Under KVKK

Marketing activities can involve multiple categories of personal-data processing, including:

• Email addresses
• Telephone numbers
• Customer profiles
• Purchase history
• Behavioural information
• Advertising identifiers
• Website activity

Organisations should determine the appropriate legal basis and ensure that marketing-related processing is consistent with KVKK transparency and processing requirements.

Where explicit consent is required, consent should be specific, informed and freely given.

Consent records should also be maintained as evidence.

Privacy by Design Under KVKK

Although KVKK does not simply replicate the GDPR's terminology, organisations should incorporate privacy and security considerations into systems and processes from the beginning.

A privacy-aware implementation can include:

• Data minimisation
• Purpose-based collection
• Access controls
• Consent management
• Privacy notices
• Retention controls
• Data-subject request workflows
• Vendor assessments
• International-transfer assessments
• Security controls
• Audit logging

Data Processing Records and Governance

Organisations should maintain visibility into:

• What personal data they process
• Why they process it
• Where it is stored
• Who can access it
• Which vendors receive it
• Whether it leaves Türkiye
• How long it is retained
• What legal condition supports processing
• Whether explicit consent is required
• How consent is withdrawn
• How data-subject requests are handled

For organisations subject to VERBİS registration, maintaining accurate processing information is particularly important because registry information is linked to the organisation's processing activities.

KVKK Enforcement and Penalties

The Personal Data Protection Board is responsible for regulatory enforcement under the KVKK framework.

The law provides administrative fines for violations including:

• Failure to fulfil the information obligation
• Failure to meet data-security obligations
• Failure to comply with Board decisions
• Failure to comply with VERBİS obligations
• Failure to comply with the international-transfer standard-contract notification requirement

The monetary amounts are subject to annual adjustment. The Authority publishes updated administrative fine amounts for each calendar year.

Serious compliance failures can therefore create significant financial and operational exposure.

Who Enforces KVKK?

KVKK is supervised and enforced by the:

Personal Data Protection Authority (Kişisel Verileri Koruma Kurumu)

The Personal Data Protection Board performs important regulatory, supervisory and enforcement functions, including handling complaints, examining violations and imposing administrative sanctions.