PART ONE
General Provisions
Article 1- Purpose and Scope
(a) The purpose of this standard contract is to ensure compliance with the provisions of the Personal Data Protection Law No. 6698 dated 24/3/2016 (hereinafter referred to as "the Law") and the Regulation on the Procedures and Principles for Transferring Personal Data Abroad, published in the Official Gazette No. 32598 dated 10/6/2024 (hereinafter referred to as "the Regulation").
(b) The data controller transferring personal data abroad (hereinafter referred to as "data exporter") and the overseas data controller receiving personal data from the data exporter (hereinafter referred to as "data importer") have accepted this standard contract (hereinafter referred to as "the Contract").
(c) This Contract applies to the transfer of personal data abroad as detailed in Annex I.
(d) The annexes to this Contract (hereinafter referred to as "Annexes") form an integral part of this Contract.
Article 2- Effect and Immutability of the Contract
(a) Provided that no additions, deletions, or changes are made, this Contract provides the appropriate safeguards for transferring personal data abroad as stipulated in Article 9(4) of the Law and the Regulation, including ensuring that the data subject has the ability to exercise their rights and seek effective legal remedies in the country where the transfer is made.
(b) This Contract does not prejudice the obligations of the data exporter under the Law, the Regulation, and other relevant legislation.
Article 3- Third-Party Beneficiary Rights
(a) Data subjects may assert the provisions of this Contract against the data exporter and/or data importer as third-party beneficiaries, except for the following exceptions:
i) Article 1, Article 2, Article 3, and Article 6. ii) Article 7.5(e) and Article 7.9(b). iii) Article 10(a) and (d). iv) Article 11.
(b) Paragraph (a) does not prejudice the rights of data subjects under the Law.
Article 4- Interpretation
(a) Terms defined in the Law, the Regulation, and other relevant legislation shall have the same meaning when used in this Contract.
(b) This Contract shall be interpreted in accordance with the Law, the Regulation, and other relevant legislation.
(c) This Contract cannot be interpreted in a manner that contradicts the rights and obligations stipulated in the Law, the Regulation, and other relevant legislation.
Article 5- Conflict Rule
In the event of any conflict between the provisions of this Contract and any other agreements existing between the Parties on the date of acceptance of this Contract or entered into thereafter, the provisions of this Contract shall prevail.
Article 6- Details of the Transfer
The details of the transfer of personal data abroad under this Contract, including the categories of personal data being transferred, the legal basis for the transfer, and the purpose(s) of the transfer, are specified in Annex I.
PART TWO
Obligations of the Parties
Article 7- Safeguards for the Protection of Personal Data
The data exporter undertakes to make reasonable efforts to determine that the data importer has sufficient capabilities to fulfill the obligations arising from this Contract by taking appropriate technical and administrative measures.
Article 7.1- Purpose Limitation, Proportionality, and Minimization
The data importer shall process personal data only for the purpose(s) specified in Annex I, in a manner that is relevant, limited, and proportionate to those purposes.
Article 7.2- Accuracy and Keeping Data Up-to-Date
(a) Each Party shall ensure that personal data are accurate and, where necessary, kept up to date. The data importer shall take reasonable steps to promptly erase or rectify inaccurate personal data, considering the purpose(s) for which they are processed. (b) Each Party shall promptly inform the other Party if it becomes aware that the personal data transferred are inaccurate or outdated.
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