In May, the Turkish Data Protection Authority ("Authority") published a draft regulation and draft documents, approved two written undertakings, and announced 13 data breach notification.
Draft Regulation open for public comments
On 9 May 2024, the Draft Regulation on the Procedures and Principles Regarding the Cross-Border Transfer of Personal Data ("Draft Regulation") was opened for public comments (until 20 May 2024).
The Draft Regulation provides alternative cross border transfer mechanisms for data controllers and processors. Within their scope, personal data may be transferred abroad without explicit consent provided there is compliance with one of the three following conditions: (i) Existence of an adequacy decision, (ii) existence of the appropriate safeguards, (iii) in the absence of the prior two conditions, applicable specific derogations.
We expect the Authority to consider these comments and publish the final version of the regulation. You can read our short article on this issue here.
Draft documents are published
On 17 May 2024, and in line with the Draft Regulation, the Authority published a Public Announcement on Draft Documents regarding Standard Contracts and Binding Corporate Rules. A total of eight documents (e.g., standard contracts, application forms and guidelines) were opened for public consultation until 27 May 2024. We expect publication of the final versions soon given the Authority has now collected, and is currently evaluating, the public comments.
You can read our short article on this issue here.
Two undertaking letters approved by the Authority
On 2 May 2024, the Authority approved an undertaking letter submitted by Bosch Termoteknik on 15 February 2024. On May 28, 2024, the Authority also made a decision to approve the undertaking letter submitted by Huawei. With the acceptance of each, these companies will be able to transfer personal data abroad
The DPA announced the following data breach notifications in April:
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