With the rapid increase in digitalization today, e-commerce has fundamentally transformed consumer shopping habits. In Antalya, many businesses are turning to e-commerce platforms to deliver their products and services to a wider audience. However, this digital transformation also brings with it significant legal responsibilities. Chief among these is Personal Data Protection Law No. 6698 (KVKK), which governs the protection and processing of personal data. E-commerce sites are required to comply with the provisions of KVKK regarding the personal data they collect from their users. Otherwise, they face negative consequences such as significant administrative fines and reputational damage.
This article will cover in detail the basic obligations that all e-commerce sites, whether based in Antalya or not, must fulfill under the KVKK, and explain the importance of the compliance process and the potential risks of non-compliance.
What is the Personal Data Protection Law (KVKK) and Why is it Important for E-commerce?
KVKK is a law that came into effect in 2016 to protect the fundamental rights and freedoms of individuals regarding the processing of their personal data. The law comprehensively regulates the conditions under which personal data can be processed, by whom and for what purposes, the rights of data owners, and the obligations of data controllers.
E-commerce sites, by their nature, process a significant amount of personal data. From a user’s registration to a product order, payment, and shipping information, personal data such as name, surname, address, phone number, email address, credit card information (if processed), IP address, and cookie information are collected and processed at many stages. The lawful processing, storage, and protection of this data is both a legal obligation and a fundamental element of establishing customer trust. This is no exception for e-commerce businesses in Antalya. Customer trust in personal data is vital to a business’s sustainability and brand value.
Basic KVKK Obligations for E-commerce Sites
The obligations that e-commerce sites must fulfill under the KVKK are quite diverse and require a careful compliance process.
Disclosure Obligation: The Key to Transparency
Pursuant to Article 10 of the KVKK, data controllers are obligated to inform data subjects when processing personal data. For e-commerce sites, this means preparing a document called a “Disclosure Text” or “Privacy Policy” and making it available to users. This document should clearly state which personal data is collected and for what purposes, to whom and for what purposes it may be transferred, the method and legal basis for collecting the data, and the data subject’s rights under the KVKK. Additionally, a separate “Cookie Policy” should be prepared regarding the cookies used on the website, and transparent information should be provided to users. These documents should be easily accessible from the website’s homepage or relevant process steps.
Obtaining Explicit Consent: Approval Mechanism in Data Processing
According to the Personal Data Protection Law (KVKK), personal data cannot, as a rule, be processed without the explicit consent of the data subject. E-commerce sites are required to obtain “explicit consent” from data subjects, particularly for marketing activities, advertising, and data sharing with third-party business partners. Explicit consent refers to informed consent regarding a specific matter and given freely. The most common method is for the user to obtain consent by checking a box (opt-in). However, these boxes should not be pre-checked, and user consent should not be made a fundamental condition of the service provided. For example, requiring a user to subscribe to an email newsletter before placing an order would be unlawful.
Obligation to Register with the Data Controllers Registry (VERBIS)
The Data Controllers Registry (VERBİS), established by the Personal Data Protection Authority, is a system through which data controllers declare their personal data processing activities. According to Article 16 of the Personal Data Protection Law (KVKK), data controllers of a certain size are required to register with VERBİS. This generally applies to individuals and legal entities with more than 50 annual employees or an annual financial balance sheet total exceeding 25 million TL. E-commerce sites are also required to register with VERBİS if they meet these criteria. Failure to comply with this registration obligation can result in significant administrative fines.
Personal Data Security Measures
Data controllers are obligated to take all technical and administrative measures to ensure an appropriate level of security to prevent the unlawful processing of personal data, prevent unlawful access to data, and ensure the safekeeping of data. For e-commerce sites, this includes technical measures such as using encryption methods, creating firewalls, limiting access to data with authorization matrices, and conducting penetration tests; as well as administrative measures such as providing employees with KVKK training, requiring them to sign confidentiality agreements, and developing data breach plans. E-commerce businesses, particularly in Antalya, should take proactive measures against cybersecurity risks.
Data Minimization and Data Retention/Destruction Policies
Data minimization, one of the fundamental principles of the Personal Data Protection Law (KVKK), implies that personal data must be relevant, limited, and proportionate to the purpose for which it is processed. E-commerce sites should only collect data strictly necessary to provide their services or fulfill their legal obligations. Furthermore, if the reasons requiring the processing of personal data no longer exist, this data must be deleted, destroyed, or anonymized. In this context, sites must create a “Data Retention and Destruction Policy” that specifies how long data will be stored and how it will be destroyed.
Respect for Data Subject Rights and Recourse Mechanisms
The Personal Data Protection Law (KVKK) grants data subjects various rights regarding their personal data. These rights include the right to learn whether their data is being processed, to request information if it has been processed, to learn the purpose of processing and whether it is being used in accordance with its intended purpose, to request rectification of incomplete or inaccurate data, to request deletion or destruction of data, to request notification of third parties to whom data has been transferred, and to object to the results of analysis by automated systems. To exercise these rights, e-commerce sites must provide an easily accessible application mechanism (e.g., an application form on the website) and respond to applications within the legally required timeframes.
Cross-Border Data Transfer
E-commerce sites may often use third-party services such as cloud computing services, offshore server providers, or international payment systems. This may involve the transfer of personal data abroad. According to the Personal Data Protection Law (KVKK), the transfer of personal data abroad is subject to conditions such as the explicit consent of the data subject or the existence of one of the exceptional circumstances specified in the law, the existence of adequate protection in the country to which the data is to be transferred, or, if insufficient protection exists, a written commitment from the data controllers in Türkiye and the relevant foreign country, and the approval of the Personal Data Protection Board. E-commerce sites serving international customers, particularly those in Antalya, should be particularly vigilant in this regard.
Risks of KVKK Non-Compliance for E-commerce Sites
Failure to comply with KVKK obligations poses serious legal and commercial risks for e-commerce sites:
* Administrative Fines: In accordance with Article 18 of the KVKK, administrative fines ranging from 5,000 TL to 1,000,000 TL may be imposed on data controllers who fail to fulfill their obligations.
* Loss of Reputation and Undermining Customer Trust: Data breaches or non-compliance with KVKK can seriously damage a business’s reputation, undermine customer trust, and negatively impact sales in the long run.
* Legal Cases: Data owners may file lawsuits for compensation in case of violation of rights.
* Competitive Disadvantage: Non-compliant businesses may be at a disadvantage in terms of reliability when faced with KVKK-compliant competitors.
KVKK Compliance Process for E-commerce Businesses in Antalya
The KVKK compliance process for e-commerce businesses operating in Antalya generally includes the following steps:
1. Current Situation Analysis and Data Inventory: Determining which personal data the business collects, from whom, for what purposes and through what means, with whom it shares it and for how long it stores it.
2. Preparation of Necessary Policies: Preparation or updating of mandatory legal texts such as Disclosure Text, Privacy Policy, Cookie Policy, Data Storage and Destruction Policy.
3. Review of Technical Infrastructure: Checking the compliance of the security measures of the website and servers with KVKK standards and making necessary improvements.
4. Personnel Training: Raising awareness and training of employees on the protection of personal data.
5. VERBIS Registration: Registration in the Data Controllers Registry within the time limit, if within the scope of the obligation.
The Personal Data Protection Law is more than just a legal obligation for e-commerce sites; it’s a cornerstone of building customer trust and building a sustainable business model. E-commerce businesses operating in Antalya should view KVKK compliance not just as a cost-effective measure, but also as a competitive advantage and a sign of corporate responsibility. In this complex legal process, seeking professional support from an expert law firm to ensure the right steps are taken and to protect against potential risks will not only ensure businesses fully fulfill their legal obligations but also prevent potential negative situations in the future. It’s important to remember that protecting personal data is a dynamic process that requires constant vigilance and up-to-date attention.