Data Processing Agreement
"When is a data processing agreement required under KVKK?"
Quick Answer
A written data processing agreement (or clauses) allocating responsibilities and security measures is best practice under KVKK when engaging a processor, even if no single mandatory form exists.
Scope and Legal Distinctions
A processing agreement records instructions and security allocation but is not a substitute for a lawful processing or transfer basis. Roles depend on actual decision-making, not just contractual labels.
What to Check in Practice
Define scope, access, subprocessors, breach escalation, retention, deletion and audit evidence; separately assess overseas access under KVKK Article 9.
Sources & Authorities
Statutory framework and official guidance for this definition.
Need Expert Legal Guidance?
Our experienced attorneys can help you navigate data processing agreement under Turkish law.
Schedule a Consultation