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ARTICLE · 13 APRIL 2026

Compliance Guide: Obligation To Inform And Explicit Consent Practices In Line With The New Board Resolution

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The Data Protection Board's Decision No. 2026/347, published in the Official Gazette, aims to rectify incorrect practices in the areas of privacy notices and explicit consent.

TurkeyPrivacy
Kemal Altug Ozgun
Kemal Altug Ozgun
Sena Karaduman İşlek
Sena Karaduman İşlek
Emire Özeyranlı
Emire Özeyranlı
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The Data Protection Board's Decision No. 2026/347, published in the Official Gazette, aims to rectify incorrect practices in the areas of privacy notices and explicit consent. The decision emphasises that these two processes serve different legal functions and must therefore be prepared separately. It is also stated that the texts must be clear, accurate and comprehensible, tailored to the specific circumstances of the case, and that explicit consent should not be sought unnecessarily. Failure to comply with these principles may result in serious sanctions.

In practice, presenting explicit consent texts and privacy notices under obligation to inform in a mixed manner is among the most frequently identified unlawful practices in complaints and reports submitted to the Turkish Personal Data Protection Authority ("Authority"). Accordingly, the Turkish Personal Data Protection Board ("Board") published a Board Resolution no. 2026/347 in the Official Gazette dated 24 March 2026. In this

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