The protection of personal data is increasingly important in today’s digital world. The Personal Data Protection Law No. 6698 aims to ensure the confidentiality and security of individuals’ personal data by introducing comprehensive regulations on the processing and protection of personal data. KVKK compliance is of great importance for businesses and institutions operating in Antalya, and heavy administrative fines are foreseen in the event of non-compliance. This article will discuss in detail the administrative fines that may be imposed on data processing activities carried out within the scope of KVKK in Antalya and the steps that can be taken to prevent these fines.
Basic Principles of KVKK and Data Processing Conditions
The KVKK is based on certain basic principles in the processing of personal data. These principles include compliance with the law and rules of honesty, being accurate and up-to-date when necessary, being processed for specific, clear and legitimate purposes, being connected, limited and proportionate to the relevant purpose, being stored for the period necessary for the relevant purpose and being connected, limited and proportionate to the purpose for which they are processed. Data processing activities must be carried out within the framework of these principles. The law stipulates various conditions for the processing of personal data. These include; the explicit consent of the data owner, necessity for the establishment or performance of a contract, fulfillment of a legal obligation, necessity for the protection of the life or physical integrity of the relevant person, the necessity of data processing for the establishment, exercise or protection of a right and the processing of personal data that is clearly accessible by the relevant person.
Administrative Fines and Application Methods
As a result of behaviors that are against the KVKK, the Personal Data Protection Board imposes administrative fines. The amount of these fines varies depending on the nature, duration and scope of the violation. The law foresees heavy fines in the amount of millions of Turkish Liras. When determining the amount of the fine, factors such as the size of the business, whether the violation was intentional and whether there has been a similar violation before are also taken into consideration. Administrative fine decisions are made by the Personal Data Protection Board and these decisions can be appealed to the courts.
Factors Affecting the Amount of Penalty
One of the most important factors determining the amount of administrative fines is the severity of the violation. For example, a large-scale data breach will result in a much higher fine than a minor data processing error. In addition, the amount of the fine will also be affected by the fact that the business has previously been penalized for a violation of the KVKK. Repeat violations can result in more severe penalties. The level of cooperation of the business is also an important factor. Businesses that actively cooperate with the board and take the necessary steps to fix the violation may face lower penalties.
Precautions to be taken for KVKK Compliance
Businesses in Antalya need to take various measures to ensure compliance with the KVKK and avoid administrative fines. These include; determining the purpose of processing personal data and collecting data appropriate to this purpose, taking technical and administrative measures to ensure data security, knowing the rights of data owners and meeting requests regarding these rights in a timely manner, creating a transparent data processing policy and providing employees with KVKK training.
Data Security Measures
Data security is one of the most important elements of KVKK compliance. Businesses must take the necessary technical and administrative measures to protect personal data from unauthorized access, loss, alteration or disclosure. These measures include firewalls, antivirus software, encryption methods and access control systems. In addition, it is of great importance to educate and raise awareness of employees about data security.
KVKK Consultancy and Legal Support in Antalya
In order to ensure compliance with KVKK and protect against possible administrative fines, it is recommended that businesses operating in Antalya get support from an expert legal advisor. Legal advisors can assess the business’s compliance with KVKK and provide guidance on eliminating deficiencies and taking necessary measures. They can also support the business in legal processes in case of a KVKK violation. Working with an expert legal advisor is very important both in terms of reducing costs and protecting the future of the business. Compliance with KVKK by businesses in Antalya allows them to both fulfill their legal obligations and increase customer trust. This is of great importance for the long-term success of businesses. Compliance with KVKK is not only a legal obligation, but also an important step in terms of business ethics and customer satisfaction. Therefore, it is of great importance for businesses to work with a legal advisor specialized in KVKK to fulfill all legal requirements and protect themselves from possible risks.