Anyone who has a presence on any platform in the digital world creates a digital footprint by sharing the most basic personal data such as first name, e-mail address, telephone number. As the number of digital services we use increases, our footprint also grows. To prevent our data from being shared with others and for malicious purposes, governments and government agencies are taking certain measures to prevent our data from being unknowingly shared with others.
Laws and regulations on the protection of citizens' data have been issued in various parts of the world. The most comprehensive of these is the General Data Protection Regulation (GDPR), which has entered into force in Europe. In order to protect the data of all citizens residing in Europe, every website accessible to European citizens must comply with this law. Since most of the websites on the Internet are accessible to the whole world, it is essential that all these sites are aware of GDPR.
Due to both the scope of this law and the European Union integration process, the Law on the Protection of Personal Data No. 6698 entered into force in Turkey on April 7, 2016. Natural and legal persons who do not comply with the principles enshrined in this law are subject to criminal sanctions.
Kvkk is the abbreviation for law No. 6698 (law on the protection of personal data). The Council of Europe signed “Convention No. 108 on the protection of individuals against automatic processing of personal data” was signed by the Council of Europe on 28 January 1981 with the aim of formalizing the principles for the protection and processing of personal data with all member states. Together with the legislation published on 17 March 2016, it was incorporated into the internal law of Turkey.
With the entry into force of the Personal Data Protection Law No. 6698 (kvkk) on April 7, 2016, the data of all natural persons who are citizens of Turkey are secured. Natural and legal persons who collect and process data unlawfully are punished in accordance with the KVKK legislation.
The law on the protection of personal data is an issue that cannot be ignored, which should be on the agenda of almost all individuals and companies in 2020.
In law, persons are divided into natural and legal entities. “born full and right” is not institutionalized; regardless of language, religion, race, gender, every individual is a real person.
Legal entities are the name given to institutions such as companies, foundations, unions. They are made up of real people who have come together for commercial and social purposes. E-commerce companies, start-ups, private companies, in short, all companies that comply with this definition are subject to kvkk regarding the processing of data collected on the website or in non-digital environments.
The data controller can be any natural or legal person who determines the purposes for the processing of personal data and how they are processed. The data controller is also responsible for setting up and managing the data recording system. Companies such as e-commerce sites, start-ups, sole proprietorships are responsible as legal entities for processing the data they collect from the website.
For the determination of the data controller;
Data that is frequently shared in the digital environment (website, mobile application, applications, etc.) and defined as personal data in kvkk are:
The processing of personal data is defined in the kvkk legislation exactly as follows:
“any operations carried out on data such as obtaining, recording, storing, retaining, modifying, rearranging, disclosing, transferring, acquiring, making available, classifying or preventing the use of personal data by non-automated means, including being part of any data recording system” (6698 sec. Kvkk, m. 3.1/e).
All data that has an impact on or explicitly determines the identity of the person concerned is personal data. Any processing of this data without the express consent of the person concerned is prohibited in kvkk.
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