Data Processing Agreement
"When is a data processing agreement required under KVKK?"
Quick Answer
Under KVKK, when a data controller engages a data processor (processing on the controller’s behalf), the parties should put in place a written agreement / contractual clauses that allocate responsibilities and require appropriate data security measures. While KVKK does not prescribe a single mandatory “DPA” form, a written processor agreement is best practice and often necessary to evidence compliance.
Such agreements are essential when a processor processes personal data on behalf of the data controller (e.g., payroll, cloud hosting, CRM, call center services). It should define the scope and purpose of processing, instructions of the controller, confidentiality, technical and organisational security measures, sub-processor rules, audit/assistance obligations (including support for data subject requests), retention/return or deletion, and incident/breach cooperation.
KVKK Compliance Requirements
In practice, a “Data Processing Agreement” (or processor clauses) is the written contract between a data controller and a data processor that governs processing carried out on the controller’s behalf and sets compliance and security obligations. KVKK sets the main rules for processing personal data in Türkiye, including lawful processing conditions, duties of data controllers, data security obligations, and administrative sanctions.
Key Points to Remember
- Use a written processor agreement when a vendor processes data on the controller’s behalf.
- Include controller instructions, confidentiality, and security measures (technical/organisational) in the agreement.
- Regulate sub-processors, audits/assistance, and return/deletion after service ends.
- If data is transferred abroad, also comply with KVKK cross-border transfer rules (separate assessment).
Practical Implementation
For a processor relationship, the controller should (i) verify the vendor’s security measures, (ii) sign processor clauses/DPA, (iii) limit processing to documented instructions, (iv) regulate sub-processors, (v) set incident/breach cooperation and response timelines, and (vi) ensure deletion/return and retention rules at the end of the service.
The Personal Data Protection Board may impose administrative fines and other corrective measures for non-compliance. Keeping vendor contracts and security measures updated helps demonstrate compliance.
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