Law No. 7499 on Amendments to the Code of Criminal Procedure and Some Laws ("Law No. 7499") including critical amendments to the Law No. 6698 on the Personal Data Protection Law ("PDPL") was published in the Official Gazette on March 12, 2024.
Law No. 7499 amends the conditions for processing special categories of personal data, provisions on data transfer abroad and the appeal procedure against the Board's decisions.
Highlights in this context;
- It will be possible to transfer data abroad without the need for a separate authorization by signing the standard contract announced by the Board. In case the Board is not notified after the signing of standard contracts, administrative fines are stipulated for data controllers and data processors.
- It is regulated that a lawsuit can be filed in administrative courts to appeal against the Board's decisions.
- The conditions for processing sensitive personal data have been expanded; for example, sensitive personal data may be processed in cases where it is mandatory for the fulfillment of legal obligations in the field of employment, occupational health and safety, social security, or social services and social assistance. The employer will be able to continue storing the health data of its former employee to exercise the right of defense in lawsuits that may be filed after the termination of the employment contract.
To avoid any ambiguity in practice, a transitional provision is being introduced.
Article 9 of the PDPL, regulating the transfer of personal data abroad, will be applied both in its current form and in its revised form until September 1, 2024. The other provisions of Law No. 7499 foreseeing amendments to the KVKK will enter into force as of June 1, 2024.
You can access full text of the Law No. 7499 here1.
Footnote
1. https://www.resmigazete.gov.tr/ eskiler/ 2024/03/20240312-1.htm
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