Özkök Law Firm followers, protection of personal data in the digital age is of great importance for both individuals and institutions today. The European Union’s comprehensive regulation GDPR (General Data Protection Regulation) and Turkey’s Personal Data Protection Law (KVKK) constitute the most important legal frameworks in this area. In this article, we will discuss in detail the basic differences between GDPR and KVKK, why they are important for law firms and all other data controllers, and what to consider during compliance processes.
Part 1: What are GDPR and KVKK?
• GDPR: GDPR, one of the most comprehensive regulations on the protection of personal data in the European Union, entered into force in 2018. All companies within the borders of the EU and all companies processing the data of EU citizens must comply with the GDPR, regardless of their geographical location.
• KVKK: KVKK, which constitutes the basic legal framework for the protection of personal data in Turkey, entered into force in 2016. Although KVKK was adopted after the GDPR, it has adopted many of the principles of the GDPR.
Section 2: Differences in Scope and Applicability
• Geographic Scope: The GDPR applies to all companies within the EU and all companies processing data of EU citizens. The KVKK covers data processing activities within the borders of Turkey.
• Data Subject Scope: The GDPR covers all personal data of EU citizens. The KVKK covers the personal data of people residing in Turkey.
Section 3: Basic Principles and Rights
• Data Processing Principles: Both regulations adopt basic principles such as transparency, purpose limitation, and data minimization regarding data processing. However, the GDPR is more comprehensive in some areas such as the right to data portability.
• Individual Rights: Both the GDPR and the KVKK grant individuals rights such as access to data, correction, and deletion. However, the GDPR offers individuals a broader range of rights.
Section 4: Data Controllers and Data Processors
• Data Controller: In both the GDPR and the KVKK, the data controller is defined as the person or organization that determines the purpose and means of processing personal data.
• Data Processor: In both the GDPR and the KVKK, a data processor is defined as the person or organization that processes personal data on behalf of the data controller.
Section 5: Sanctions
• Penal Sanctions: Both the GDPR and the KVKK provide for high administrative fines in the event of data breaches. The penalties in the GDPR are generally higher than those in the KVKK.
Section 6: Important Points for Law Firms
• Protection of Client Data: Law firms must act in accordance with both the GDPR and the KVKK when processing client data.
• Protection of Employee Data: Law firms are also obliged to protect the personal data of their employees.
• Compliance Process: Law firms must take the necessary technical and organizational measures to comply with the GDPR and the KVKK.
