The Public Announcement on Fulfilling the Obligation of Information Within the Scope of Mediation Activities Published

The Personal Data Protection Authority (Authority) has published the Public Announcement on the Fulfillment of the Obligation of Information within the Scope of Mediation Activities (Announcement).

Under the Personal Data Protection Law No. 6698 (KVKK) and the Mediation Law on Civil Disputes No. 6325 (Mediation Law), mediators hold significant responsibilities both as data controllers in personal data processing activities and in informing the parties about mediation processes. However, differences between these two regulations have led to uncertainties in practice.

The Announcement states that, pursuant to Article 11 of the Mediation Law, mediators are obligated to inform the parties about the principles, procedures, and outcomes of the mediation process before commencing their activities. However, it is emphasized that this obligation does not fulfill the information obligation stipulated under Article 10 of the KVKK. Article 10 of the KVKK requires data controllers to provide information regarding the purpose of personal data processing, its legal basis, data transfer, and the rights of data subjects.

Accordingly, mediators must provide information both regarding the mediation process and separately regarding personal data within the framework of the KVKK provisions. The Announcement clarifies that mediators are considered data controllers under the KVKK and are subject to all obligations imposed on data controllers.