381 PERSONAL DATA PROTECTION consents of a general nature, which are not limited to a specific subject and involve many different processing activities, are also considered invalid.8 Lastly, in accordance with the decisions of the Personal Data Protection Board, it is accepted that providing cloud services from data controllers/data processors whose databases are based abroad is also deemed as data transfer abroad.9 Conclusion Considering all of the points explained, above, the investigation of the Personal Data Protection Board may include evaluations as to whether i) the clarification performed by WhatsApp regarding data processing and the transfer activities meet the legal requirements, or not; ii) the clarification and taking explicit consent procedures was carried out, separately, or not; iii) the explicit consent was taken separately for transfers abroad, or not; iv) the explicit consent was taken as blanket consent, or not; v) by stating that the application cannot be used if the change is not approved means that explicit consent was subjected to service condition, or not; vi) the free will of the data subjects is void, or not; and vii) even if WhatsApp does not transfer data to service providers located abroad, including Facebook, data transfer abroad already exists due to the fact that WhatsApp’s servers are located abroad, or not. Upon the investigation and evaluation of the Personal Data Protection Board, WhatsApp LLC may be instructed to process data and transfer abroad in accordance with the law and may face administrative fines for some of its transactions. Finally, WhatsApp does not fulfill the VERBIS registration obligation. The Personal Data Protection Board can also make an assessment on this issue in its examination. kvkk.gov.tr/Icerik/5412/Acik-Rizanin-Hizmet-Sartina-Baglanmasi; Personal Data Protection Board’s Decision No. 2019/81, 25.03.2019, https://www.kvkk.gov.tr/ Icerik/5496/2019-81-165 (Access date: 21.01.2021). 8 Points to Consider While Obtaining Explicit Consent. https://www.kvkk.gov.tr/Icerik/2037/Acik-Riza-Alirken-Dikkat-Edilecek-Hususlar (Access date: 21.01.2021). 9 Personal Data Protection Board’s Decision No. 2019/157, 31/05/2019, https:// www.kvkk.gov.tr/Icerik/5493/2019-157.
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