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Turkey: KVKK publishes draft documents regarding standard contract and BCRs

On May 17, 2024, the Personal Data Protection Authority (KVKK) announced that it had published draft documents on standard contracts and binding corporate rules, which are envisaged as methods to ensure appropriate safeguards for the transfer of personal data abroad in accordance with the fourth paragraph of Article 9 of the Law on Protection of Personal Data No. 6698 (the Law), to public consultation.

The KVKK highlighted that Law No. 7499, published in the Official Gazette on March 12, 2024, has led to amendments in various laws, including the Law. Specifically, changes have been made to Article 9, titled 'Transfer of personal data abroad,' of the Law, which will take effect on June 1, 2024. Further to this, the KVKK confirmed that it published a draft regulation on procedures and principles for the transfer of personal data abroad for public consultation on May 9, 2024.

In particular, the KVKK has published the following draft documents:

  • standard contract to be used in transferring personal data abroad (from data controller to data controller) (available in Turkish here);
  • standard contract to be used in transferring personal data abroad (from data controller to data processor) (available in Turkish here);
  • standard contract to be used in transferring personal data abroad (from data processor to data processor) (available in Turkish here);
  • standard contract to be used in transferring personal data abroad (from data processor to data controller) (available in Turkish here);
  • binding corporate rules (BCRs) application form for data controllers (available in Turkish here);
  • basic issues that should be included in BCRs for data controllers - companion guide (available in Turkish here);
  • BCRs application form for data processors (available in Turkish here); and
  • basic issues that should be included in BCRs for data processors - companion guide (available in Turkish here).

Opinions regarding the draft documents can be submitted to the email address [email protected] until May 27, 2024.

You can read the press release, only available in Turkish, here.