Transborder Transfer of Personal Data in Turkish Personal Data Protection Law

Abstract

Transborder data transfer is a challenging matter in Turkey, as well as in other countries and the EU. The most common problem is dealing with this issue detached from today's global economic system and with a prohibitive approach. Since 6698 numbered Law on Personal Data Protection entered into force in Turkey in 2016, the transborder transfer of personal data has become one of the most difficult subjects of legal compliance projects carried out with companies. There are many reasons for this, such as the problems experienced in the full and accurate perception of personal data, introduction of a new legislation in Turkey for data protection through the Law on Personal Data Protection, the fact that this field can be handled detached from today's global economic system, the ambiguity of some provisions and the vague matter. Within the scope of this article, the provisions regarding the transborder transfer of personal data in Turkish law and the developments in practice since the Law on Personal Data Protection entered into force are examined. Thus, it is aimed towards those who would like to follow the relevant legislation and practice in Turkey. For this purpose, in Chapter B, the relevant legislation in Turkish law and the Council of Europe conventions and protocols that interact with both Turkish and EU law are examined. In Chapter C, transborder transfer of personal data practice in Turkey is examined in the light of Personal Data Protection Board decisions.