In today’s world where global capital flows are rapidly increasing, international investments have legal importance as well as financial. One of the key legal issues is how personal data is handled and protected in line with local and international standards. Foreign investors who want to operate in Türkiye must comply with certain legal and technical rules under Türkiye’s Personal Data Protection Law No. 6698 (KVKK) when processing or transferring personal data abroad. This law is similar to the GDPR (EU) and CCPA (USA) but includes some differences.
This guide outlines the main points AMER (Americas) and EMEA (Europe, Middle East, Africa) investors should consider when ensuring compliance with Türkiye’s Personal Data Protection Law (KVKK).
Key Principles of KVKK in the Data Protection Process
Cross-Border Data Transfers Under Article 9: New Approach After 1 September 2024
KVKK, which came into force on 7 April 2016, is largely aligned with the core principles of the EU’s GDPR. In the older system, data transfers were based on elements such as secure country lists, undertakings, or explicit consent. In the new system, the focus is on adequacy decisions, proper safeguards, and exceptional cases. The new Regulation on the Transfer of Personal Data Abroad was published in the Official Gazette on 10 July 2024 (No. 32598) and took effect immediately. With this regulation, the entire structure for cross-border data transfers under Article 9 of KVKK has been updated to align more closely with GDPR rules.
According to Article 9, in order to transfer personal data abroad, one of the legal reasons listed in Articles 5 or 6 of the law must apply. These include:
- Obtaining explicit consent,
- Fulfilling a contract,
- Protecting public interest or life,
- Establishing or using a legal right.
In addition, cross-border data transfers must meet one of two main legal pathways:
1) Adequacy Decision
Personal data can be sent to countries officially recognized as having adequate data protection. These decisions are made by the Turkish Personal Data Protection Board based on several factors, such as international relations, the nature of the data transfer, reciprocity, and the data protection standards in the other country.
2) Appropriate Safeguards
If there is no adequacy decision for the destination country, the data can still be transferred using additional approved safeguards, such as contracts or agreements.
First Step: Adequacy
Adequacy decisions can be made not only by country but also for specific sectors or international organizations. For example, a decision could apply only to the automotive sector of a certain country. However, as of May 2025, the Turkish Board has not yet issued any adequacy decisions. This means AMER and EMEA investors must focus on the second option: using appropriate safeguards.
Appropriate Safeguards
If there is no adequacy decision, the following safeguard tools are available under KVKK:
- Standard Contracts: Transfers can be based on sample contracts published by the Board. Notification must be submitted within 5 business days.
- Binding Corporate Rules: These are used for data transfers within a corporate group.
- Undertakings and Board Approval: Both parties sign an undertaking and receive approval from the Board.
- Public International Agreements: These apply to collaborations between public institutions and require Board approval.
What Should AMER & EMEA Investors Do?
Given the new system, AMER and EMEA investors currently operating or planning to invest in Türkiye should follow a clear and structured compliance process. Key steps include:
- Create a Data Inventory: Identify all personal data processed in Türkiye. Specify data types, data subjects, purposes, and retention periods.
- Set a Data Transfer Strategy: Determine whether data transfers are ongoing or one-time.
- Choose a Transfer Method: If no adequacy decision exists, select one of the safeguard tools. Standard contracts and binding corporate rules are commonly used by AMER and EMEA companies.
- Complete Notifications or Obtain Approval: Depending on the method chosen, submit the required notifications or get approval from the Board.
- Implement Security Measures: Ensure both technical and administrative safeguards are in place.
Conclusion
The new cross-border data transfer rules in Türkiye offer investors a more predictable legal framework. EMEA-based companies may find it easier to adapt due to similarities with the GDPR. However, AMER-based companies should note that US regulations like CCPA or HIPAA are not valid in Türkiye, so they must adjust accordingly.
For all investors, complying with Türkiye’s local regulations is essential for risk management and long-term success.
