There has been a recent legislative change in Turkey related to data protection—Law No 6698, Protection of Personal Data (Kiware of rilerin Korunmas? Kanunu, hereafter: KVKK) published on 7 April 2016 and numbered 29677 in the Turkish Official Gazette. The law states that personal data is defined as any identifiable information of real persons. According to Article 5 of KVKK, natural and legal persons cannot share and process personal data with third parties without the explicit consent of the person. In some conditions, mentioned in Article 5 Paragraph 2, it is possible to share and process personal information (PI), without such consent.
These conditions are:
- Clearly provided by law
- If it is impossible for the person to give his/her explicit permission to share his PI with third parties, for example, in case of no legal capacity (incapable) to protect his life or physical integrity
- When it is needed for the establishment or performance of a contract to process PI
- If processing PI is needed to fulfill legal obligations
- If the PI is made public by the person whose PI it is
- If processing PI is necessary for using or protection of a right
- If processing PI is needed for the legitimate interest of the person or legal entity who is responsible for the data without violating the fundamental rights and the freedom of the persons
- If the person gives explicit permission for sharing and processing his/her PI or if sharing and processing personal data is necessary for activities (payroll), this article gives you the right to share PI with third parties
Celergo recommends that in light of this regulation you prepare a formal document with a request for explicit consent, which the employees can sign, that they accept the PI is being shared and processed for payroll purposes.
Celergo is providing this informal advice as a courtesy. This information does not constitute and/or replace formal legal advice. If you have any further questions or concerns, please reach out to your local legal counsel and/or review the new regulation as published by the Turkish Government.