On December 13, 2023, the European Commission adopted an important decision on Turkey’s Personal Data Protection Authority (KVKK). This decision shows that Turkey’s data protection legislation is not sufficiently aligned with the European Union’s (EU) General Data Protection Regulation (GDPR). This directly affects data transfers from Turkey to the EU and increases the challenges Turkey will face in international data flows. In this article, we will discuss the meaning of the decision, its implications, and Turkey’s data protection efforts.
What is an adequacy decision and why is it important?
An adequacy decision determines whether a country’s level of data protection is equivalent to EU standards. When a non-EU country obtains this decision, the transfer of data from that country to the EU becomes simpler and safer. This makes data transfer and processing easier, especially for multinational companies. Turkey’s failure to take this decision means that the PDPL fails to meet EU-level protection standards, which complicates data transfers from Turkey to the EU.
Turkey’s Data Protection Efforts
Turkey adopted the Law on the Protection of Personal Data in 2016, moving towards modern data protection standards. However, further regulation and implementation is required to fully comply with the GDPR. Although KVKK has taken important steps in this process, the requirements of the European Commission have not yet been fully met.
Implications of the Decision for Turkey
The economic and legal consequences of this decision for Turkey could be major. For companies operating in Turkey and transferring data to the EU, legal uncertainties are increasing, which may increase the cost and complexity of transactions. Companies will now have to use alternative mechanisms such as Data Protection Agreements (DPAs) and Standard Contractual Clauses (SCCs) to bring their data transfers into compliance with the law.
International Perspective and Comparisons
Many countries around the world have achieved data protection adequacy with the EU. For example, countries such as Switzerland and Canada have achieved adequacy status and gained significant advantages in data transfer. Compared to these countries, Turkey needs to further reform and adopt international standards.
Next Steps
It is inevitable for Turkey to strengthen its data protection framework and align with international norms. If the government and KVKK make the necessary arrangements to become fully compliant with the GDPR, it will increase international cooperation and economic opportunities.
Conclusion
The European Commission’s adequacy decision is a turning point for Turkey. This decision can be seen as an opportunity to strengthen both legal regulations and practices. Turkey needs to take decisive steps in this process, maintain its competitiveness in the international arena and raise its data protection standards.
