Cross-Border Data Transfer
"What rules govern cross-border personal data transfers from Turkey?"
Quick Answer
March 2024 amendments to KVKK introduced a tiered system: transfers based on Adequacy Decision, Appropriate Safeguards (including Standard Contracts), or occasional exceptional circumstances.
KVKK Compliance Requirements
Cross-border personal data transfers are specifically regulated under Article 9 of the Personal Data Protection Law No. 6698 (KVKK), which was revised in 2024 to introduce adequacy decisions, safeguard-based transfers, and limited exceptional transfer mechanisms.
Key Points to Remember
- Check whether an Adequacy Decision exists for the recipient country or organization.
- If no adequacy decision exists, implement an Appropriate Safeguard before transferring data.
- Use KVKK Standard Contracts or Binding Corporate Rules as applicable.
- Rely on exceptional transfer grounds only where safeguards cannot be implemented and keep transfers limited.
- Document the transfer purpose, data categories, recipients, security measures, and onward transfers.
Practical Implementation
Map outbound data flows, classify each transfer under adequacy, safeguard, or exception, execute the required transfer instrument, implement security measures, and maintain a documented transfer file for compliance purposes.
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