In its recent decision numbered 2020/649, dated 27/08/2020,
(“Decision”) the Personal Data
Protection Board in Turkey (“Board”)
rendered upon the evaluations on the inquiry asking whether the
biometric signatures could be processed without seeking the
explicit consent of the data subject in cases stipulated by the law
can be evaluated where the only requirement is to be signed by hand
according to the Personal Data Protection Law numbered 6698
(“PDP Law”). As a result of the
examination, the Board made an assessment that:
(i) the scope of the regulation in relation to the
“signature” is in accordance with the form
requirement of the contracts included in the
14th and 15th Articles of the
Turkish Code of Obligations numbered 6098 (“Code of
Obligations”) consists of the signature and secure
electronic signature and even if the legal consequences of these
two are the same, these signature types are regulated separately in
the law,
