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ARTICLE · 24 MARCH 2026

Board Issues Principle Decision Requiring Separate Consent And Privacy Notices

Moroglu Arseven
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The Personal Data Protection Board (“Board”) published its Principle Decision dated 18 February 2026 and numbered 2026/347 in the Official Gazette dated 24 March 2026 and numbered 33203 (“Principle Decision”).

TurkeyPrivacy
Cansu Özgüven
Cansu Özgüven
C. Hazal Baydar, LL.M.
C. Hazal Baydar, LL.M.
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The Personal Data Protection Board (“Board”) published its Principle Decision dated 18 February 2026 and numbered 2026/347 in the Official Gazette dated 24 March 2026 and numbered 33203 (“Principle Decision”). The Principle Decision concerns the requirement to prepare explicit consent texts and privacy notices separately.

The Board considers presenting explicit consent texts and privacy notices within a single text as one of the most common unlawful practices in application. It states that these two concepts have different legal natures and therefore must be prepared as separate texts.

Under the Personal Data Protection Law No. 6698 (“DP Law”), the obligation to inform refers to informing data subjects about personal data processing activities, while explicit consent constitutes one of the legal grounds for processing. The Board states that explicit consent must relate to a specific matter, be based on information, and be given freely, and that the burden of proof for valid

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