Data Protection and Employee Privacy in Turkey

1) What laws in Turkey regulate the protection of employee personal data, and how do they compare to international standards?

In Turkey, the protection of employees' personal data is superficially regulated by the Labor Law No. 4857 and the Law on the Protection of Personal Data (“KVKK” and “Law”), which entered into force on April 7, 2016. This law is in line with the principles of the European Union's General Data Protection Regulation (“GDPR”), but there are some differences in scope and implementation.

Comparison to International Standards:

1. GDPR Alignment: The KVKK closely follows the GDPR in many respects, including data subject rights, data processing principles, and the requirement for explicit consent. However, the GDPR is generally considered more comprehensive and stringent, especially in areas like penalties and the conditions for data transfer abroad.

2. Differences in Enforcement: The enforcement mechanisms under the KVKK are less robust compared to the GDPR. While the GDPR allows for higher fines and has stronger oversight mechanisms, the KVKK's enforcement has been criticized for being less stringent.

3. Scope and Coverage: The GDPR applies to all companies processing the personal data of EU citizens, regardless of where the company is based. The KVKK, on the other hand, applies to data processing activities within Turkey.

Overall, while the KVKK provides a solid foundation for data protection in Turkey, it has some differences from the GDPR and other international standards, particularly in enforcement and international data transfers. Transferring personal data outside Turkey is regulated more strict and more difficult compared to GDPR.

2) What types of employee personal data are typically protected under labor laws? 

The Turkish Labor Law does not specifically mention the protected personal data of employees. However, within the scope of KVKK, employees' identity information, contact information, family information, work history, health information, image and voice recordings are protected.

3) How to ensure compliance with personal data protection legislation when transferring employee personal data to third parties (e.g., contractors, partners)?

To ensure compliance with Turkey's data protection legislation (KVKK) when transferring employee personal data to third parties (e.g., contractors, partners), the following steps should be taken:

• Obtain Explicit Consent: Secure explicit consent from employees for transferring their data to third parties if required in accordance with the KVVK;
• Establish Data Transfer Agreements: Sign agreements with third parties that outline their data processing responsibilities and confidentiality obligations;
• Ensure Security Measures: Verify that third parties implement adequate data protection measures;
• Conduct Due Diligence: Assess the compliance of third parties with KVKK before and after data transfer;
• Report Data Breaches: Ensure that third parties are obligated to notify you immediately in the event of a data breach;
• Minimize Data Transfer: Transfer only the data necessary and adhere to the principle of data minimization;
• Implement Cross-Border Safeguards: Ensure that appropriate legal safeguards are in place or obtain explicit consent when transferring data outside of Turkey;
• Maintain Comprehensive Records: Keep detailed records of all data transfers to demonstrate compliance with KVKK.

By following these steps, personal data transfers can be conducted in a legally compliant and secure manner.

4) In what form is consent obtained for the processing of employees' personal data?

The KVKK does not provide any required form for the consent of the relevant person. However, in practice, due to the burden of proof, the consent is obtained in written form, including in the form of an electronic document.

5) What personal data of employees may not be requested and processed by the employer?

Data relating to race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, membership to associations, foundations or trade unions, health, sexual life, criminal convictions and security measures, and biometric and genetic data are sensitive personal data. Processing of sensitive personal data is prohibited unless otherwise is regulated by the relevant laws.

6) What are the consequences of violating employee data protection laws?

KVKK imposes significant administrative fines for violations. In 2024, fines may change as follows:

• Failure to fulfill the disclosure obligation: 47.303 TL - 946.308 TL;
• Failure to fulfill obligations regarding data security: 141,934 TL - 9,463,213 TL;
• Failure to fulfill the decisions of the Personal Data Protection Board: 236,557 TL - 9,463,213 TL;
• Violation of the obligation to register and notify the Data Controllers Registry: 189.245 TL - 9.463.213 TL.

Author: Selin Çelik