A Guide to KVKK & GDPR Compliance: Understanding Corporate Responsibilities in Data Protection

/ Wed, 08/27/2025 - 16:29

What are KVKK and GDPR? Their Similarities and Differences

Data protection is no longer just a legal requirement but also a critical factor shaping corporate reputation and customer trust. In Turkey, the Law on the Protection of Personal Data (KVKK) came into force in 2016, while in the European Union, the General Data Protection Regulation (GDPR) has been applicable since 2018. Both frameworks require personal data to be processed lawfully, transparently, and proportionately.

While KVKK and GDPR share many principles—such as lawfulness, fairness, and accountability—they differ in scope. KVKK applies primarily to organizations operating within Turkey, whereas GDPR applies globally to any organization that processes the personal data of EU citizens. This means that companies conducting international business often need to ensure compliance with both regulations simultaneously.

Your Responsibilities as a Data Controller: Privacy Notices, Explicit Consent, and Data Inventories

As a data controller, a company bears direct responsibility for the secure and lawful processing of personal data. This responsibility extends beyond written policies and must be embedded in daily operations.

Privacy Notices: Individuals must be informed about why their data is collected, how it will be used, and how long it will be stored.
Explicit Consent: For sensitive categories of data—such as health or biometric information—explicit, freely given, and revocable consent is required.
Data Inventories: Businesses must maintain accurate records of what data is processed, in which systems it is stored, and whether it is shared with third parties. Data inventories serve as the backbone of compliance audits and regulatory inspections.

Protecting Employee Personal Data: Key Considerations in Business Processes

Many organizations focus primarily on customer data when addressing compliance, but employee data deserves equal attention. HR processes involve extensive personal data handling—from payroll and benefits management to performance evaluations and recruitment records.
Common risks include:
Retaining employee data longer than legally required.
Using personal information for unrelated purposes (e.g., sharing health records across departments).
Allowing unauthorized personnel to access sensitive files.

To prevent such issues, companies must develop dedicated policies for employee data protection and implement regular awareness training for staff across departments, including HR, IT, and operations.

What to Do in Case of a Data Breach: Notification Procedures and Penalties

Data breaches can occur in many ways: sending an email to the wrong recipient, misconfigured cloud storage, or insufficient security measures by third-party vendors.

When an incident occurs, organizations are required to act swiftly. Under GDPR, supervisory authorities must be notified within 72 hours. KVKK requires notification “as soon as possible.” Failure to report in a timely manner can result not only in administrative fines but also in significant reputational damage.

To prepare for such scenarios, companies should:

Establish incident response teams.
Create predefined notification templates and escalation procedures.
Conduct post-incident root cause analyses to prevent recurrence.

By integrating incident response into their overall compliance strategy, businesses can minimize both financial and reputational risks.

The Benefits of Seeking KVKK/GDPR Consultancy for Your Business

Compliance is not merely about legal interpretation; it requires technical expertise, process management, and continuous monitoring. Many organizations underestimate the complexity of aligning business processes with data protection laws, which can lead to costly oversights.

Professional consultancy offers significant advantages, including:

Early identification of compliance gaps and risks.
Better preparation for audits and regulatory inquiries.
Integration with international standards such as ISO 27001.
Ongoing staff training to build a culture of data awareness.
Establishment of sustainable governance models for data security.

At Ixpanse Teknoloji, we view KVKK and GDPR compliance not just as a regulatory requirement but as an integral part of digital transformation. Our consultancy services go beyond risk mitigation; we help organizations build a trust-driven culture where data protection becomes a strategic advantage.