Information Note on the Application of Misdemeanors in Terms of Time

The Personal Data Protection Authority (Authority) has published the Information Note (Information Note) on the Application of Misdemeanors in Terms of Time Under the Amendments to the Personal Data Protection Law No. 6698 (KVKK) dated 2 March 2024.

The Information Note aims to address uncertainties regarding the determination of the provisions to be applied following the amendments. Notably, the amendments concerning processing sensitive personal data and the transfer of personal data abroad under the KVKK came into force on 1 June 2024. However, the previous regulations (e.g., explicit consent) continued to coexist with the new regulations until 1 September 2024.

With the expiration of the transition period, uncertainties have emerged in practice regarding the temporal application of the KVKK. These uncertainties stem from the differences between the time when acts constituting misdemeanors (such as cross-border transfers or processing sensitive personal data in violation of KVKK) occurred, the dates when data subjects lodged complaints with the Authority, and the dates when the Personal Data Protection Board issued decisions regarding these complaints.

The Information Note states, in summary, that the provisions to be applied will vary depending on different scenarios. A guiding table has also been prepared that outlines the criteria to be considered in determining the applicable provisions, considering various components.