NEWSLETTER-2020-metin

400 NEWSLETTER 2020 a. the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or b. the monitoring of their behavior as far as their behavior takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public interna - tional law. To summarize, the GDPR applies when i) data controllers and processors are located in the EU, whether or not the processing takes place in the EU; ii) personal data of the data subjects residing in the EU are processed by non-EU data controllers or data processors for goods and service delivery activities, or for monitoring behavior tak- ing place in the EU; iii) the national law of an EU member state is ap- plicable to the case. Consequently, all providers of goods and services with a customer base in the EU, or any website or mobile application that utilizes mechanisms of online behavioral advertising, shall realize their data processing activities pursuant to the GDPR. 4 All the same, the KVKK is a law that covers all natural and legal persons who carry out their data operations in Turkey. Although the KVKK does not have as clear a regulation as the GDPR, pursuant to the guidelines and decisions of the Turkish Data Protection Authority Personal Data Protection Board (“Board”), it is precedented that in- ternational resident data controllers who realize their data processing operations in Turkey are obliged to register with the Data Control- lers Registry, whether or not the annual number of their employees is greater than 50, or the annual financial balance sheet total is more than TRY 25 million 5 . Moreover, pursuant to Article paragraph 1,c of Article 5 of the Regulation on the Data Controllers Registry, “Data 4 Uludere, Eda : The EU General Data Protection Regulation and Its Territorial Scope. Erdem&Erdem Newsletter, April 2017, http://www.erdem-erdem.av.tr/ publications/newsletter/the-eu-general-data-protection-regulation-and-its-territo- rial-scope/. 5 https://verbis.kvkk.gov.tr/UploadedFiles/SORULARLA_VERBİS.pdf , https:// www.kvkk.gov.tr/Icerik/5545/2019-225 (Access date: 27.01.2020).