Consent Of The Consumer In Processing Personal Data

1. Introduction

The intersection of personal data protection law with various legal fields is evident. Any interference with personal data is generally considered illegal. According to our Constitution, the primary exception for processing personal data is the explicit consent of the individual.  The Law on the Protection of Personal Data No. 6698 (KVKK) provides a framework for explicit consent without considering the personal characteristics of the data subject. If the data subject is a consumer, the general principles of consumer law and protective provisions established by other laws apply directly. The "power imbalance" between the data controller and the consumer must be considered, and an appropriate approach must be adopted. This article will discuss the explicit consents obtained from consumers by data controllers and the validity conditions of such consent.