The Personal Data Protection Board, with the Cross-Border Data Transfer Regulation published on July 10, 2024, has restructured the rules governing cross-border data transfers for businesses in Turkey. This regulation introduces significant changes, particularly for companies working with international service providers.
With the growth of the digital economy and the widespread adoption of cloud technologies, company data can be processed in data centers located in different countries. The new regulation aims to define the legal framework of these processes more clearly.
Key Changes
The new regulation introduces a more systematic approach to cross-border data transfers, aligned more closely with international standards.
- Adequacy decision: KVKK will be able to determine the countries where data can be safely transferred.
- Standard contracts: A model similar to the standard contractual clauses used in the European Union will be implemented.
- Binding corporate rules: Special provisions will be introduced for intra-group data transfers of multinational companies.
- Alternatives to explicit consent: Under certain conditions, data transfers may be possible without explicit consent.
These changes aim to make Turkey's data protection system more compatible with European Union data protection standards.
Impact on Businesses Using Cloud Services
This regulation is directly relevant for businesses using global cloud platforms such as AWS, Microsoft Azure, or Google Cloud. Because data in these services can often be stored in data centers located in different countries.
Therefore, companies may need to reassess the following:
- Which countries data is stored in
- Data encryption methods
- Access control mechanisms
- Third-party data processing service providers
It is particularly important for companies using SaaS and cloud-based software to legally reassess their data transfer processes.
Steps for Compliance
To comply with the new regulation, businesses need to review their data processing procedures. The following steps can serve as a guide in this process:
- Map your data flows: Identify where and how data transferred abroad is being processed.
- Define data categories: Analyze the types and sensitivity levels of the transferred data.
- Choose the appropriate transfer mechanism: Evaluate standard contracts, adequacy decisions, or other legal mechanisms.
- Update your contracts: Align data processing agreements and service provider contracts with the new regulations.
- Conduct an impact assessment: Perform a data protection impact assessment that analyzes the risks of data transfers.
Conclusion
The Cross-Border Data Transfer Regulation stands out as a significant development in data protection in Turkey. With this regulation, Turkey's data protection framework is moving closer to European Union standards.
It is crucial for businesses to review their data transfer processes and update the necessary contractual and technical measures. Companies that proactively begin compliance efforts can both reduce legal risks and build a reliable data management infrastructure.