GDPR (General Data Protection Regulation) is a comprehensive data protection law that applies across the European Union.

GDPR

What is GDPR? Introduction to the General Data Protection Regulation of the European Union

GDPR (General Data Protection Regulation), or by the Turkish name General Data Protection Regulationis a revolutionary data protection law that came into force in the European Union on 25 May 2018 with the aim of increasing individuals' control over their personal data. This statute is a set of strict rules governing how companies collect, process, store and protect personal data belonging to citizens of the European Union.

In today's digital world, data is one of the most valuable assets. But this makes the protection of individuals' privacy rights all the more critical. By striking this balance in favor of the individual, GDPR forces companies to be more transparent, responsible and secure in their data processing processes. This regulation offers services or products to EU citizens, not just EU-based companies companies all over the world caps. In the event of non-compliance, heavy fines of millions of euros can be faced.

(It is highly recommended that you include a “Table of Contents” here.)

What is Personal Data? What does GDPR cover?

The first step to understanding GDPR is to know the definition of “personal data”. According to the GDPR, personal data is any information relating to a specific or identifiable natural person. This definition is quite broad.

Some examples of personal data protected under the GDPR:

Basic Credentials: Name, last name, T.C. identification number, address, phone number.
Digital Data: IP address, cookie IDs, email address, location data.
Physical and Genetic Data: Height, weight, fingerprint, retina scan, DNA information.
Economic and Social Studies: Bank account numbers, salary information, cultural profile.
Sensitive Data: Information such as race or ethnicity, political opinion, religious belief, union membership, health data, and sexual orientation are subject to even stricter protection.

Who does GDPR apply to? (Geographical Scope)

One of the most remarkable features of the GDPR is its wide geographical scope. This charter binds the following:

Companies in the EU: All institutions and organizations headquartered in the European Union.
Companies outside the EU: Although the headquarters is outside the EU, Providing goods or services to people living in the EU ou queste personas who monitors their behavior all companies (e.g. with website cookies). So if you have an e-commerce site in Turkey that sells to EU citizens, you also have to comply with the GDPR.

The 7 Fundamental Principles of GDPR

The GDPR mandates that data processing be based on 7 basic principles:

Compliance with Law, Honesty and Transparency: The data must be processed fairly, legally and transparently towards the data subject.
Objective Limitation: Data should only be collected for specific, explicit and legitimate purposes and should not be used other than those purposes.
Data Minimization: Only data that is strictly necessary for the stated purpose should be collected. Collecting extra data is prohibited.
Accuracy: Personal data must be accurate and updated as necessary. Steps must be taken to correct incorrect data.
Storage Limitation: The data must not be stored for longer than the period necessary for the purposes of processing.
Integrity and Confidentiality (Security): Data must be protected by appropriate technical and organizational measures against unauthorized access, loss or damage.
Accountability: The data controller (your company) is obliged to prove and document compliance with all of the above principles.

Key Differences Between GDPR and KVKK

One of the most confusing issues for businesses in Turkey is the differences between GDPR and our local law, KVKK (Personal Data Protection Law). Although the two laws carry similar spirit, there are important differences between them:

Feature	GDPR (General Data Protection Regulation)	KVKK (Personal Data Protection Law)
Geographical Scope	Applies to anyone processing data of EU citizens, worldwide.	Generally applies to those processing data within Turkey's borders.
Penalties	Much higher (up to €20 Million or 4% of global annual turnover).	Lower (administrative fines up to 5 Million TRY).
Explicit Consent	Very strict. Must be freely given, specific, and informed. "Opt-in" (user's active consent) is essential.	Can be interpreted more flexibly. Sometimes obtained through pre-checked boxes or general agreements.
Data Protection Officer (DPO)	Mandatory for companies of a certain size and type.	In Turkey, appointing a "Contact Person" is mandatory (a different role).

8 Basic Rights of Users

GDPR gives individuals strong rights over their data. Your company needs to establish mechanisms to respond to these rights:

Right of Access: What are you doing with my data?
Right of Correction: Correct my misinformation.
Right to erasure (“Right to be forgotten”): Delete my data completely under certain circumstances.
Right to Restrict Processing: Temporarily stop using my data.
Right to Data Portability: Give me my data in a machine-readable format, I'll move it to another location.
Right of Objection: I object to your use of my data for marketing purposes.
Right Not to Be Subject to Automated Decision-Making: Only the right to prevent algorithms from making decisions about me that have legal consequences.
Right to be informed: Tell me clearly what to do while my data is collected.

How Much Are the Penalties for GDPR Non-Compliance?

The GDPR provides for very heavy fines to keep deterrence high. According to the severity of the violation, there are two main levels:

Less Serious Violations: Up to 10 Million Euros or the company's global turnover in the previous year Up to 2% (whichever is higher).
More Serious Violations: Up to 20 Million Euros or the company's global turnover in the previous year up to 4% (whichever is higher).

Frequently Asked Questions (FAQ)

Q: I have a small blog site in Turkey. Do I have to comply with the GDPR?A: If your site receives visitors from EU countries and you use cookies or collect personal data of EU citizens (email, etc.) through means such as an e-newsletter, yes, you are technically covered by the GDPR. You must at least have a cookie consent mechanism and privacy policy.

Q: Is it enough for me to just put an “Accept Cookies” button on my site?A: No. According to the GDPR, “explicit consent” requires a more detailed consent mechanism in which the user can choose which types of cookies he or she allows (analytical, marketing, necessary, etc.). Just the “Accept” button is usually not enough.

Q: Do I have to appoint a Data Protection Officer (DPO)?A: If you are a public institution, if your core activities require large-scale regular and systematic monitoring, or if you process sensitive data on a large scale, it is imperative that you appoint a DPO. Most small and medium-sized businesses do not have this obligation, but it is good practice to identify a person or department responsible for data protection.

consequence

GDPR is not only a legal obligation, but also a statement of confidence that shows your customers that you respect their privacy. Designing your data processing processes in a transparent, secure and user-oriented way will strengthen your brand reputation in the long run and put you one step ahead of your competitors.