What is KVKK and Why Does It Concern SMEs?
Scope of the Personal Data Protection Law
The Personal Data Protection Law No. 6698 (KVKK) regulates the processing of individuals’ personal data. The law clearly states how data controllers will collect, process, store and destroy data. It covers not only large companies but also all small and medium-sized enterprises (SMEs) that process customer or employee information.
Responsibilities of SMEs within the scope of KVKK
All businesses, including SMEs in Antalya, are subject to this law due to their data processing activities. Businesses;
- Preparation of the disclosure text,
- Obtaining explicit consent,
- Creating a data inventory,
- Registration in the VERBIS system may be required.
How Does the KVKK Process Work for SMEs in Antalya?
Local Differences and Practices
Data processing activities are quite intensive for SMEs operating in tourism and agriculture-oriented cities such as Antalya. Hotels, travel agencies, clinics and retail stores frequently process data of domestic and foreign customers.
Sectoral Approaches and Audits
There are many areas subject to control in Antalya, especially the tourism sector. Although KVKK is a sector-independent law, practices in some sectors are under stricter control. Data security standards should be kept high, especially in areas such as holiday reservations and health tourism.
Legal Dimensions of Compliance with KVKK
Obligation to Disclose
SMEs are obliged to inform individuals when collecting personal data. The information text should include the data controller, data processing purposes, legal bases, rights and application methods.
Explicit Consent Process and Management
Explicit consent is the informed consent of an individual. Explicit consent is required for purposes such as marketing and campaign notification. These consents can also be obtained digitally, but must be recorded.
Preparing Data Inventory
What Information Should Be Collected?
A data inventory is a detailed document that shows what data is collected, by whom, for what purpose, and how it is stored. SMEs should include the following information when creating this inventory:
- Data categories (name, TR identity, address, etc.)
- Purpose of data processing
- Storage period
- Technical and administrative measures
Special Tips for SMEs in Antalya
SMEs in the service sector in Antalya should include customer data, reservation systems, security cameras (CCTV) and personnel information in their data inventory. With automation systems, it becomes easier to monitor this data.
VERBIS Registration Requirement
Registration Criteria
Whether or not SMEs that are data controllers will be registered with VERBIS (Data Controllers Registry Information System) is determined according to their turnover and number of employees:
- SMEs with an annual employee count of more than 50 or an annual financial balance sheet of more than 25 million TL must register with VERBIS.
Exceptions and Exemptions for SMEs
There may be an exemption for businesses that meet these criteria. However, if data processing activities involve special categories of data (health, biometric, religious data, etc.), VERBIS registration may become mandatory.
Technical and Administrative Measures
Cyber Security Measures
SMEs need to take cybersecurity measures such as server security, antivirus software, encryption systems. In addition, backup, system updates and secure access protocols are important in KVKK compliance.
Staff Training and Awareness
Employees need to be trained and made aware of data security and KVKK. Otherwise, data breaches may occur due to employee errors. Many private institutions in Antalya offer this training.
Procedure in Case of Data Breach
KVKK Notification Process in Antalya
When a data breach occurs, the business is obliged to report it to the Personal Data Protection Authority (KVKK) within 72 hours. The notification process can be done through the KVKK’s online notification form. For companies in Antalya, local bars and consultants can help manage this process.
Notification to the Institution and Process Management
The type of breach, the number of people affected, the measures taken, and the summary of the incident must be reported. In addition, the affected people must be informed about the situation and possible harm must be prevented.
KVKK Policies for SMEs
Preparing a Privacy Policy
Every SME needs to prepare a privacy policy for internal and external stakeholders. This policy should:
- What data is collected,
- The purpose for which it is processed,
- It should explain how it is protected.
Internal Audit Mechanisms
Businesses should conduct KVKK compliance checks at regular intervals. Internal audit mechanisms are useful in identifying deficiencies and determining new measures.
Consulting and Training Services in Antalya
Local Experts and Educational Programs
Antalya Chamber of Commerce and Industry (ATSO), local bar associations and some universities organize KVKK trainings for SMEs. In addition, many Antalya-based law firms offer KVKK consultancy.
Government Supported Opportunities
Institutions such as KOSGEB and TÜBİTAK provide consultancy and software investment support to SMEs within the scope of digitalization and data security.
KVKK Penalties and Risk Management
Sanctions Applied in Case of Violation
Deficiencies such as data breach, failure to register with VERBIS, and failure to obtain explicit consent may result in administrative fines ranging from 50,000 TL to 2,000,000 TL.
How to Perform Risk Analysis?
SMEs should identify and classify data processing risks and develop appropriate technical/organizational solutions for these risks. A risk analysis report should be prepared and updated periodically.
Recommendations for SMEs Doing E-Commerce
Cookies Policies and Online Forms
Cookie policies and user approval mechanisms should be clearly stated on websites. Clear consent and information texts should be placed on communication forms.
Protection of Customer Data
Credit card information, email addresses and contact information require special precautions. SSL certificates, encryption systems and IP restrictions should be used.
KVKK Compliance Guide for SMEs in the Tourism Sector
Data Collection Processes for Hotels and Agencies
Hotels collect data such as ID, phone, and health declaration during check-in. There should be clear information on how this information will be used.
Customer Data Processing and Storage Policies
When tourism companies process customer data in reservation systems and CRM software, the security and access controls of these systems must be ensured.
Applications in Antalya Organized Industrial Zone
Compatible Company Examples
Some technology companies and production facilities within Antalya OSB have set an example by developing KVKK-compliant data security policies. These practices serve as a guide for other SMEs.
Area Based Guidance and Inspections
Industrial cooperatives in the region regularly inform companies about KVKK and provide guidance.
Contribution of KVKK Compliance to Businesses
Increasing Customer Confidence
SMEs that provide data security gain the trust of their customers and protect their reputation, which increases customer loyalty and referral rates.
Gaining Competitive Advantage
KVKK compliance is a powerful marketing tool for companies that want to stand out from their competitors in the market. It is an important step towards institutionalization.
Implementation Schedule for KVKK Compliance Process
30-60-90 Day Planning
- First 30 Days: Current situation analysis, data inventory
- Day 60: Preparation of policies, VERBIS record control
- Day 90: Training, testing processes, reporting
Tracking and Monitoring Tools
Data processing processes can be monitored through digital platforms and cloud-based software. Periodic evaluation should be made according to the compliance calendar.
Frequently Asked Questions (FAQ)
1. Are small businesses in Antalya subject to KVKK?
Yes. All businesses that process personnel or customer information are subject to this law.
2. Is turnover or number of employees important for VERBIS registration?
Both are important. Companies with more than 50 employees or a turnover of more than 25 million TL must register.
3. Is explicit consent required for all data processing?
No. Consent is required, except for exceptions such as legal obligations or contractual requirements.
4. Where can I get free KVKK training in Antalya?
ATSO, İŞKUR, bar associations and some universities offer free periodic training.
5. How does non-compliance with KVKK affect my company?
It creates a great risk in terms of both financial penalties and brand reputation.
6. How do e-commerce sites comply with KVKK?
Cookie policy, contact forms, user agreement and data security measures must be implemented.
Sample Action Plan for SMEs in Antalya
- Analyze current data processing process
- Take inventory of your data
- Prepare your disclosure and explicit consent texts
- Create a privacy policy
- Determine technical and administrative measures
- Train your staff
- Check your VERBIS obligation
- Perform risk analysis
- Start the internal audit process
- Get KVKK consultancy