KVKK Lawyer
16
Jul
Personal data compliance is not just about adding a clarification text to the website. Paper policies and texts need to align with the company's day-to-day data collection, access and sharing practices.
Data processing purposes, legal grounds, retention periods, access authorizations and transfer processes must be compatible with the company's actual practice. Initially Istanbul Company Lawyer It would be useful to determine the current situation.
Major Issues of Importance in the File
- Determining the roles of data controller and data processor
- Matching of purpose, data category and legal reason for each processing activity
- Distinguishing between information and explicit consent
- Storage period and deletion, destruction or anonymization processes
- Regulation of suppliers, cloud services and international data transfers
- Data breach response and response to data subject applications
Examining these issues systematically before a lawsuit or application helps establish claims correctly and prevent unnecessary procedures. In particular, limitation periods, statute of limitations, duty and authority rules should be checked separately depending on the type of file.
What Does a KVKK Lawyer Do?
KVKK lawyer analyzes data processing activities from a legal perspective; designs inventory, disclosure, explicit consent, contract, storage-disposal and application processes. It supports the management of the incident and the process before the Authority in case of data breach or relevant person complaint.
Legal Basis and Basic Principles
Personal Data Protection Law No. 6698 regulates data processing conditions, data subject rights, obligations of the data controller and the powers of the Board. Special data and international transfer regime should be evaluated together with current changes and Board regulations.
When making a legal evaluation, not only the name of the event; The nature of the parties, the date of the transactions, the development of the dispute, the existing documents and the applicable periods should be considered together. Two files appearing under the same title may have different legal consequences due to their details.
Data Inventory Should Reflect the Actual Process
The prepared inventory should not only repeat legislation statements; It should show who the data was received from, through which channel, where it is kept and with whom it is shared. Human resources, sales, marketing and information technology processes should be examined separately. Compliance between documentation and actual practice is of fundamental importance in audit and contact applications.
Documents and Evidence that Can Be Prepared
- Data inventory and processing activity records
- Information and explicit consent texts
- Employee, customer and supplier contracts
- Access logs and authorization matrix
- Storage-destruction policy and deletion records
- Violation reports, Institution and relevant person correspondence
It is essential that evidence is obtained by lawful methods. Just having the document available may not be enough; It is required to clearly indicate in the petitions which facts you prove and to bring them from the relevant institution when necessary. It is necessary.
Important: Explicit consent is not the default solution for every data processing activity; The correct legal reason and data minimization must be determined together.
How Does the Process Progress?
first review: Data flow is extracted on a department and system basis. In the first stage, it is not enough to just name the event; The date of the transactions, the relationship of the parties and the documents affecting the outcome are compared. Thus, it is determined which legal issues have priority.
Preparation: Personal data processing inventory and risk map are prepared. The documents, witness information and institutional records to be used in the file are arranged in a chronology. The scope of the demands to be put forward and the responses to possible objections are planned in advance.
Application: Information texts, policies and contracts are prepared. At this stage Social Media Crimes Lawyer The compatibility of documents and requests related to the file with the file should be checked. The application text describes events in a short but controllable order; The outcome of the request is not left uncertain. Numbering the appendices and matching them with relevant descriptions facilitates review.
Follow-up: Technical and administrative measures are planned together with those responsible. The deadlines given throughout the process and the transactions to be completed are tracked on a central calendar. Each new record entered into the file is checked for compatibility with previous statements and documents.
During the process, interim decisions and deadlines given by the court, prosecutor's office, enforcement office, notary, land registry office or other institutions must be followed regularly. dirt. Failure to complete a transaction in a timely manner may result in loss of evidence or claim.
The Role of the Lawyer in the KVKK Lawyer Process
Representation by a lawyer is not mandatory in every dispute. In addition, it is important to determine the legal nature of the file, apply to the right authority, follow the deadlines, present the evidence and evaluate the legal remedies after the decision. Professional support may be important.
- Determining the strong and risky aspects of the file in advance
- Preparation of petitions and requests in accordance with the concrete case
- Responding to the other party's claims and evidence in a timely manner
- Regular follow-up of hearings and interim decisions
- Evaluating the possibility of compromise and litigation risks together
Pre-Data Breach Response Plan
It should be determined in advance who will make decisions in cases such as unauthorized access or delivery to the wrong recipient. Protection of technical records, identification of affected data and persons, and risk assessment should be carried out in the same plan. A ready communication and task distribution reduces delay in the event of an incident and makes it easier to document the actions taken.
Important: KVKK compliance is not just about preparing a text. Which data the company actually processes, why, for how long and with whom should match the documents in actual practice.
Supplier and Service Provider Agreements
The scope of access of software, call center, cloud or consultancy suppliers that process data on behalf of the company should be clearly determined in the contract. Security, confidentiality, subcontracting, and breach notification provisions must align with the actual service model. A workable procedure should be established for the return or deletion of data when the service ends.
Why should the Personal Data Processing Inventory be kept up to date?
Personal data compliance work is not just about publishing a clarification text. An up-to-date inventory should show which data is processed for what purpose, on what legal basis, for how long and with whom it is shared. Inventory should also be refreshed because the data flow may change when new software, suppliers, employee processes, or marketing methods come into play. Documents that do not match actual practice create significant risks in the audit and application processes.
How Should the First Steps Be Planned in Case of a Suspected Data Breach?
When unauthorized access, delivery to the wrong recipient, device loss or system vulnerability is noticed, the scope of the incident and whether it is ongoing must first be determined. The affected data types, person groups, time period and technical measures taken should be recorded. While notification obligations are evaluated without delay according to the characteristics of the concrete incident, evidentiary system records must be preserved. It is important not only to close the gap after the incident, but also to establish administrative processes that will prevent recurrence.
Frequently Asked Questions
Is explicit consent required for every data processing?
No. If there is another processing requirement in law, explicit consent may not be the appropriate basis. The legal reason for each activity must be determined separately.
Is a VERBIS registered company considered fully compliant?
No. Registration is only one of the obligations. Actual data processing, security, disclosure and application processes must also comply with the legislation. towards the end Company Establishment Lawyer Kağıthane It should also be evaluated whether an additional step is required in terms of
What should be done in case of a data breach?
Breach must be limited, scope and risk must be determined, evidence must be preserved and reporting obligations must be assessed without delay.
Does every company have to register with VERBIS?
Liability is evaluated taking into account the company's activities and applicable exceptions. Even if there is no registration obligation, other data protection obligations may remain.
Is explicit consent required for all data processing?
No. The legal reason for the data processing activity must be determined separately for the concrete process; Explicit consent should not automatically be used as a substitute for other reasons.
How long can employee data be retained?
The storage period should be determined taking into account the purpose of processing, legal obligations and possible claims. A deletion or anonymization process must be implemented for expired data.
File-Specific Legal Evaluation
KVKK compliance is a living process. Inventory and documents should be updated as the company's data flow, technology and suppliers change; There must be harmony between legal texts and actual practice.
This article has been prepared for general information purposes. It does not constitute legal advice or an opinion on a concrete case.
