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Data is one of the most valuable assets in the modern economy. Protecting the privacy and security of personal and commercial data is critical to safeguarding the rights of individuals and businesses. Data Protection and Privacy Law is a comprehensive branch of law designed to ensure individuals’ privacy and the security of data. At CEKA Law & Consultancy Office, we provide our clients with wide-ranging legal services in the field of data protection and privacy.

What is Data Protection and Privacy Law?

Data Protection and Privacy Law establishes the legal framework for the collection, processing, storage, and sharing of personal and commercial data. This branch of law ensures respect for individuals’ private lives while defining the rules companies must follow in their data processing activities.

With the rise of digitalization, data security and privacy have become increasingly important. National and international regulations aim to create standards in this field.

Fundamental Principles of Data Protection and Privacy Law

1. Lawfulness and Fairness
   Data processing activities must be conducted legally and in good faith.

2. Purpose Limitation
   Data should only be processed for clearly defined and legitimate purposes.

3. Necessity and Proportionality
   Collected and processed data should be limited to what is necessary and appropriate for the purpose.

4. Accuracy and Currency
   Data must be accurate and kept up to date where required.

5. Storage Limitation
   Data should be retained only for as long as necessary to fulfill the processing purpose.

6. Security and Confidentiality
   Data must be protected against unauthorized access, loss, theft, or misuse.

Key Elements of Data Protection and Privacy Law

1. Protection of Personal Data
Personal data refers to any information that can directly or indirectly identify an individual. This includes:

• Name, surname, Turkish ID number, address, email, phone number

• IP addresses, cookies, and biometric data

2. Law No. 6698 on the Protection of Personal Data (KVKK)
In Turkey, personal data protection is regulated under KVKK. The law clearly outlines the obligations in data processing activities and the rights of data subjects. Key elements include:

• Definitions of data controllers and processors

• Obligation to inform (transparency)

• Conditions for data processing and consent

• Rights of data subjects

• Supervision and sanctions by the Personal Data Protection Authority (KVKK)

3. General Data Protection Regulation (GDPR)
The EU’s GDPR sets international standards for personal data processing. It is particularly important for international companies operating in Turkey or institutions transferring data abroad.

4. Protection of Sensitive Data
Sensitive personal data (e.g., health information, religion, race, political opinions, criminal convictions) requires special protection and may only be processed under specific conditions.

5. International Data Transfers
Data can be transferred abroad only with the data subject’s consent or through legally recognized safeguards.

6. Protection of Commercial Data
Trade secrets, customer data, product development processes, and other commercial data are vital assets that must be protected for business sustainability.

Legal Services in Data Protection and Privacy

CEKA Law & Consultancy Office provides individual and corporate clients with the following services in the field of data protection and privacy:

1. KVKK and GDPR Compliance

   • Preparation of personal data inventories

   • Legal review of data processing activities

   • Drafting privacy notices, consent forms, and data processing policies

   • Appointment and training of Data Protection Officers (DPOs)

2. Legal Support for Data Breaches

   • Preparation of data breach reports

   • Notifications to the Personal Data Protection Authority (KVKK)

   • Management of litigation arising from data breaches

3. Internal Data Security Policies

   • Employee data security awareness training

   • Development of data retention and destruction policies

   • Legal auditing of IT infrastructure

4. Data Sharing and International Transfers

   • Drafting data sharing agreements

   • Ensuring compliance with cross-border and international regulations

5. Data Use in Digital Marketing and E-Commerce

   • Auditing data processing in e-commerce operations

   • Compliance with email marketing and cookie policies

Legal Sanctions for Data Breaches

Data breaches can have serious consequences for individuals and organizations. Under KVKK and GDPR, administrative and legal sanctions include:

• Administrative Fines: The Personal Data Protection Authority (KVKK) and GDPR provisions allow for substantial fines.

• Compensation Claims: Data subjects may claim material and moral damages in case of rights violations.

• Reputational Damage: Data breaches can cause long-term reputational harm for companies.

CEKA Law & Consultancy Office Advantage

CEKA Law & Consultancy Office meets all the data protection and privacy needs of its clients with the following advantages:

• Expert Team: Experienced professionals specialized in data protection and IT law

• International Experience: In-depth knowledge of international regulations such as GDPR

• Proactive Approach: Identifying risks in advance and creating preventive solutions

• Fast and Effective Solutions: Quick intervention in case of breaches to minimize damages

In conclusion, Data Protection and Privacy Law is critical for addressing the challenges of the digital age. CEKA Law & Consultancy Office is always by your side to safeguard your rights and security in the digital world.

For detailed information and to benefit from our professional services, you can contact us.