As Atty. Arb. Billur Güler Aslım Law Firm, we attach importance to ensuring that businesses operating in Antalya comply with personal data protection legislation and minimize the consequences of potential breaches. In this article, we will discuss in detail the responsibilities that employers in Antalya may face due to personal data breaches.
Personal Data Protection Law and Employers' Obligations
The Personal Data Protection Law No. 6698 (KVKK) has introduced comprehensive regulations on the processing and protection of personal data. The law stipulates that personal data shall be processed in accordance with the law and rules of honesty, for specific and clear purposes, and in a limited and proportionate manner. Employers are obliged to comply with all provisions of the KVKK in processing the personal data of their employees. This obligation covers all stages from the beginning of the recruitment process to the termination of the employment relationship.
Obligations of Employers as Data Controllers
Within the scope of the KVKK, employers are considered “data controllers.” This means that employers are responsible for the processing of their employees’ personal data. As data controllers, employers are responsible for;
* Determining the purposes of data processing and processing data in accordance with these purposes,
* Keeping data accurate and up-to-date,
* To take the necessary technical and administrative measures to ensure the security of data,
* To fulfill the rights of data owners,
* Keeping a data inventory in accordance with KVKK,
* In case of a data breach, they are obliged to take the necessary precautions and notify the relevant institutions.
Employer Liability in Case of Personal Data Breach in Antalya
A personal data breach covers situations such as personal data being accessed, lost, altered or destroyed by unauthorized persons. If an employer operating in Antalya causes a breach of their employees' personal data, they may face various sanctions under the KVKK.
Administrative Fines
The KVKK stipulates high administrative fines for personal data breaches. The amount of the fine varies depending on the nature and scope of the breach and the size of the business. If the breach is intentional, the amount of the fine will increase even more.
Legal and Criminal Liabilities
As a result of a personal data breach, employees may file a lawsuit against the employer. Material and moral compensation may be requested. In addition, in cases where the breach constitutes a crime, the employer may also face criminal liability.
Loss of Reputation and Business Losses
A personal data breach can cause serious damage to an employer’s reputation and business operations. Negative media coverage can lead to loss of customer trust and loss of business.
Precautions to be Taken to Prevent Personal Data Breaches
Employers in Antalya can take a variety of measures to prevent personal data breaches. These include:
* Implementing strong password policies,
* Using security software such as antivirus and firewall,
* Training employees on personal data protection,
* Using data encryption and data backup systems,
* Determining a clear and explicit policy for the processing of personal data,
* Creating a fast and effective response plan in case of a data breach.
Conclusion
It is of great importance for employers operating in Antalya to act in accordance with the provisions of the KVKK and to ensure the security of personal data. The financial, legal and commercial consequences of personal data breaches can be quite severe. Therefore, employers must take the necessary precautions to protect personal data and be prepared for possible breaches. As Atty. Arb. Billur Güler Aslım Law Firm, we provide consultancy services on personal data protection issues, helping businesses fulfill their legal obligations and minimize potential risks. Please contact us to get more information about our services.