KVKK Standard Contracts and Frequently Asked Questions
Under the Personal Data Protection Law (KVKK) the security and transfer of personal data abroad are of great importance. The rules set for data controllers and processors in these processes aim to ensure that personal data is managed correctly and reliably. Standard contracts, used in accordance with the relevant provisions of the KVKK, play a key role, particularly in the transfer of personal data abroad.
On this page, by answering the most frequently asked questions about standard contracts, we aim to make how these processes work more understandable for data controllers, data processors, and related parties. The support we provide regarding the compliance process is evaluated by our in-house legal experts in addition to technical and administrative measures. In this way, we ensure that all your processes are managed in full compliance with the KVKK and relevant legislation. We find it beneficial to note that this article does not constitute legal advice or opinion on matters of law and legal issues.
What is a standard contract?
A standard contract is a type of agreement determined and announced by the Personal Data Protection Board. It is prepared for use in the transfer of personal data abroad. The content includes critical elements such as data categories, the purposes of data transfer, recipient groups, and technical and administrative measures. Additionally, extra precautions for the protection of special categories of personal data are also specified in the contract.
When are standard contracts used?
Standard contracts are used in cases where there is no adequacy decision issued by the Board regarding the country to which personal data is to be transferred. These contracts are implemented if the conditions specified in Articles 5 and 6 of the Law are met, and if the protection of the rights of the relevant individual is ensured.
Who can use standard contracts?
Standard contracts can be used by data controllers and processors who transfer personal data abroad. These contracts are concluded between the parties involved in the data transfer, and the responsibilities of the parties are clearly defined.
Can changes be made to standard contracts?
No, it is not possible to make any changes to the text of the standard contract. If the contract is concluded in a foreign language, the procedures are carried out based on the Turkish version of the contract.
Is it mandatory to notify the Board about standard contracts?
Yes, it is mandatory to notify the Personal Data Protection Authority within five business days after the contract is signed. The notification can be made in physical form or through a KEP (Registered Electronic Mail) address.
Who is responsible for fulfilling the notification obligation?
The parties involved in the transfer can specify in the contract which party will undertake the notification obligation. If this is not specified, the responsibility lies with the data transferring party.
Must changes in the contract parties be reported?
Yes, any changes to the standard contract or the parties, or if the contract is terminated, must be reported to the Authority.
Under what circumstances are standard contracts invalid?
The standard contract becomes invalid if changes are made to the text or if one of the parties has not signed the contract. In such cases, an investigation will be initiated by the Board.
Is permission from the Board required to use standard contracts?
No, it is not necessary to obtain additional permission from the Board to use standard contracts. However, it is mandatory to prepare and report the contract in accordance with the proper procedure.
Are there other data transfer methods available?
Yes, other methods can be used in cases where there is no adequacy decision. These include binding corporate rules and agreements that are not of an international treaty nature for public institutions.
Should additional measures be taken for special categories of data?
Yes, additional measures should be taken in standard contracts for the transfer of special categories of personal data, and these measures should be explicitly stated in the contract.
Which law governs standard contracts?
Standard contracts are subject to Turkish law, and in the event of a dispute, Turkish courts have jurisdiction.
How are relevant individuals informed that their personal data is being transferred under a standard contract?
Data controllers are obliged to inform relevant individuals about general information concerning the transfer of personal data. This includes the purposes for which the personal data is transferred, to whom it is transferred, and the rights of the relevant individual. However, it is not mandatory to inform individuals about the details of the standard contract.
How are standard contracts monitored?
The Personal Data Protection Board monitors the implementation of standard contracts. The parties may also establish their own internal audit mechanisms.
What happens in the case of a breach of a standard contract?
If the contract is breached, relevant individuals may apply to the Board or file a lawsuit in Turkish courts. In addition, the data transferring party has the right to terminate the contract.
A Broader Perspective:
The security and legal management of personal data is not only an obligation but also a factor that enhances prestige on the global stage. Such contracts should be viewed as a tool for building trust beyond legal compliance, and companies should fulfill their responsibilities under KVKK with awareness.