GDPR vs KVKK in Türkiye
"What are the main differences between GDPR and Turkish KVKK?"
Quick Answer
The EU GDPR and Türkiye's Personal Data Protection Law No. 6698 (KVKK) share core principles, but compliance with one does not establish compliance with the other. The biggest operational differences for cross-border businesses concern scope, lawful bases, special-category data, international transfers, the VERBIS registry and local representation.
When Can Both Laws Apply?
GDPR Article 3 sets out an express territorial-scope test for EU establishments and certain non-EU businesses offering goods or services to, or monitoring, people in the EU. KVKK has its own scope, exclusions and Turkish authority practice; do not copy the GDPR Article 3 test into a Turkish compliance decision. A business operating in both markets may need a separate assessment under each regime.
Key Points to Remember
- Lawful basis: Map each activity against GDPR Article 6 and KVKK Article 5 separately; consent is not the only possible basis in either law.
- Special-category data: GDPR Article 9 and amended KVKK Article 6 use distinct conditions and safeguards.
- Transfers: Review GDPR Chapter V and amended KVKK Article 9 independently, even for the same cloud or group transfer.
- Local administration: KVKK may require VERBIS registration and a Turkish data controller representative; GDPR has a separate Article 27 representative rule.
Lawful Bases, Notices and Individual Rights
For ordinary personal data, both laws permit processing on grounds beyond explicit consent when their specific conditions are met. The legal tests and notice requirements must be documented for each processing purpose. A GDPR privacy notice should not simply be translated and reused as a KVKK notice: check the controller identity, purposes, transfer recipients, collection method, legal basis and the rights available under KVKK Article 11.
Special-Category Data After the 2024 KVKK Amendments
Türkiye amended KVKK Article 6 in 2024. The available conditions for processing special-category data changed, so older advice saying that explicit consent is always required may be outdated. The applicable condition and the additional safeguards specified by the Turkish Data Protection Board should be assessed for health, biometric, criminal-conviction and other sensitive data. GDPR Article 9 requires a separate analysis under its own exceptions.
Cross-Border Data Transfers
KVKK Article 9 was also amended in 2024. Its framework now includes adequacy decisions, appropriate safeguards such as standard contracts and, in limited circumstances, derogations for occasional transfers. A Turkish standard contract is not interchangeable with an EU GDPR standard contractual clause. Identify the exporter, importer, data categories, onward transfers and filing or notification steps under the applicable Turkish mechanism before transferring data abroad.
VERBIS and Local Representatives
VERBIS is Türkiye's Data Controllers' Registry. Whether registration is required depends on the controller's circumstances and any applicable exception. Where a controller established outside Türkiye must register, the Turkish registry rules require a data controller representative. An EU GDPR Article 27 representative does not automatically satisfy that Turkish requirement. Use our representative checklist to review the Turkish steps.
Practical Compliance Review
- Map Turkish and EU data flows, controllers, processors and systems.
- Record a lawful basis and notice for each purpose under each applicable law.
- Review special-category data and international transfer mechanisms under the current texts.
- Check VERBIS, local representation, retention, security and rights-request processes.
Official sources: KVKK Law No. 6698; Turkish transfer rules and standard contracts; EU GDPR.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact us or review our full disclaimer.