NEWSLETTER-2020-metin

401 PERSONAL DATA PROTECTION controllers who are not resident in Turkey shall register with the Registry through its representative before starting to process data.” Therefore, data controllers and data processors who are in the scope of the KVKK (which means data controllers and data processors who are realizing data processing in Turkey) are obliged to act pursuant to the KVKK and the relevant legislation, whether residing in Turkey, or not. In addition, in a public release dated 08.11.2019 by the Board, it emphasized that in order to fulfill the requirements of the KVKK, it is not enough to be in conformity with provisions of the GDPR by saying, “In the said texts prepared for the purpose of fulfilling the obligation of clarification by the data controllers, the statements of the data controllers for compliance with the GDPR would not abol- ish their obligations according to Personal Data Protection Law No. 6698, and along with the references to the provisions of the GDPR , the policies and the rules stated in the said clarification texts must first be in compliance with Personal Data Protection Law No. 6698.” 6 Conclusion Even if the GDPR and KVKK, which are both personal data pro- tection legislations, regulate the same scope with the same aim, there are some differences between each legislation due to the nationalities of the legal systems. Therefore, the data controllers and the data pro- cessors who are within the scope of the two legislations at the same time are obliged to adapt to both legislations fully. As well, in a public release made to this end, the Board stated that it would not be sufficient for the data controllers who fall within the scope of both legislations to state that they are only in compliance with one legislation. 6 https://www.kvkk.gov.tr/Icerik/6561/KAMUOYU-DUYURUSU (Access date: 27.01.2020).