What is KVKK and Its Importance for Employers
The Personal Data Protection Law (KVKK) regulates the principles regarding the processing and protection of individuals’ personal data. For employers, KVKK is of critical importance in terms of ensuring the security of employees’ personal information and preventing data breaches. The purpose of the law is to ensure that personal data is processed and protected in accordance with the law and rules of integrity.
Responsibilities of Employers within the Scope of KVKK
Employers are directly responsible for the processing of employees’ personal data as data controllers. Data processors may be third parties that perform data processing on behalf of the employer. Employers are obliged to take all necessary measures to ensure that personal data is collected, processed and protected in accordance with the law.
Personal Data Processing Principles and Legal Basis
In KVKK, openness and transparency are the basis for personal data processing processes. Employers must process data for specific, clear and legitimate purposes; they must not collect unnecessary or excessive data. Only necessary data should be processed with the principle of data minimalism. In addition, the legal basis of data processing activities (consent, contract, legal obligation, etc.) must be clearly defined.
Disclosure Obligation and Employee Rights
Employers must inform their employees clearly and understandably about which data is being processed and for what purpose. Employees can consent to the processing of their data or request that their data be corrected or deleted. Employers must establish effective mechanisms for the use of these rights.
Personal Data Security and Technical Measures
Employers should create and implement data security policies. In this context, technical measures such as encryption, access control, and firewalls should be taken. In addition, training programs should be organized to raise employee awareness of data security. Preventive measures against cyber attacks are the responsibility of the employer.
Employer Liability in Case of Data Breaches
When a personal data breach occurs, the employer must report the breach to the relevant Institution as soon as possible and inform the affected persons about the situation. Urgent measures must be taken to mitigate the effects of the breach and policy updates must be made to prevent similar situations from recurring.
Penalties Applied for KVKK Violations
Administrative fines are imposed on employers who act contrary to the KVKK. These fines may increase in cases such as violation of data processing conditions, failure to take data security measures, and failure to fulfill the breach notification obligation. In addition, criminal liability and compensation lawsuits may be filed.
Employers’ Strategies to Avoid Penalties
Employers should develop comprehensive compliance programs to protect themselves from KVKK fines. These programs include risk analysis, policy making, internal auditing and reporting processes. Employees should be educated and their awareness should be increased through regular training.
KVKK Audits and Employer Preparation
During KVKK audits, all data processing activities, records and policies of employers are examined by the supervisory authority. Therefore, documents and records must be kept complete and up-to-date. Being prepared for audits reduces the risk of penalties.
KVKK Consultancy and Legal Support in Antalya
The KVKK compliance process can be complex for employers in Antalya. During this process, Lawyer and Mediator Billur Güler Aslım provides legal support with expertise in local legislation and practices. She offers expert guidance in the development of data protection strategies, policy preparation, training and auditing processes.
Frequently Asked Questions
Is legal assistance necessary?
→ Not required by law, but recommended for compliance.
How much are the KVKK fines?
→ Varies depending on the violation; administrative fines of up to millions of lira may be imposed.
What data are employers responsible for?
→ All personal data of employees such as identity, contact, health and financial data.
Can data be processed without consent?
→ It may be possible if there are certain legal requirements, but generally consent is required.
What to do in case of data breach?
→ It should be reported to the Institution and those affected as soon as possible.
Is education mandatory?
→ No formal obligation but reduces the risk of violation.