Data Protection Law in Türkiye and Germany: A Comparison of Legal Regulations

1. Introduction

Data protection is critically important in our era of rapid digitalization, for safeguarding individuals' privacy and personal information. The General Data Protection Regulation (GDPR), which came into force in European Union (EU) countries in 2018, is one of the most advanced regulations setting global data protection standards. In Turkey, the Law No. 6698 on the Protection of Personal Data (KVKK)came into force in 2016, taking into account EU standards. However, there are some structural and practical differences between the KVKK and the GDPR. This article compares data protection regimes using Turkey and Germany as examples.

2. Data Protection Law in Türkiye

2.1. Fundamental Principles of the Personal Data Protection Law (KVKK)

The Turkish Personal Data Protection Law (KVKK) is based on the following principles in the processing of personal data (Article 4):

Compliance with the law and the principle of honesty,
Accuracy and timeliness,
Processing for specific, explicit and legitimate purposes,
Appropriate and limited data processing,
Data should be retained for as long as necessary.

2.2. Processing of Personal Data

According to Article 5 of the KVKK (Law on Protection of Personal Data), the explicit consent of the data subject is required for the processing of personal data .
Exceptions to processing without consent: legal necessity, performance of a contract, public health, and fulfillment of legal obligations.

2.3. Audit and Board

The Personal Data Protection Authority (KVKK) and the Personal Data Protection Boardoversee the implementation of the Personal Data Protection Law (KVKK) and impose administrative fines.

2.4. Administrative Sanctions

Violations of the KVKK (Personal Data Protection Law) will result in administrative fines of up to 100,000 TL starting in 2025.
Special attention has been paid to the protection of sensitive data (health data, biometric data).

3. Data Protection Law in Germany

3.1. GDPR and the Federal Data Protection Act (BDSG)

In Germany, data protection the EU's GDPR Regulation and the Bundesdatenschutzgesetz (BDSG) .
GDPR is more comprehensive than KVKK (Turkish Personal Data Protection Law) and grants individuals broader rights (right to be forgotten, data portability, etc.).

3.2. Data Controllers and Auditing

Data Controllersare responsible for the lawful processing of data.
In Germany, the Federal Data Protection Commissioner (BfDI) and state data protection authorities oversee the implementation of GDPR.

3.3. Administrative Sanctions

Companies can face administrative fines of up to 4% of their turnover or up to €20 million for GDPR violations.
In this respect, the sanctions in Germany are much harsher than those in Türkiye.

4. Türkiye – Germany Comparison

Criterion	Türkiye (KVKK)	Germany (GDPR & BDSG)
Year of entry into force	2016	2018
Supervisory Authority	Personal Data Protection Authority	BfDI and state data protection authorities
Consent	Explicit consent is the rule, but some exceptions exist	Explicit consent is the rule, with extensive exceptions and opt-outs
Data Subject Rights	Correction, deletion, objection	The right to correction, erasure, be forgotten, and data portability
Sanction	Administrative fines up to 100,000 TL	20 million Euros or 4% of global turnover

5. Current Debates

The Right to Be Forgotten: While there is no explicit regulation on this right in the Turkish Personal Data Protection Law (KVKK), the GDPR comprehensively recognizes the right to be forgotten.
Data Breach Notification: GDPR mandates notification within 72 hours of a data breach. This timeframe is not clearly defined in the Turkish Personal Data Protection Law (KVKK).
Cross-Data Sharing: international data transfer in Turkey Board approval , data transfer is unrestricted in EU countries (within the EU/EEA).

6. Judiciary and Enforcement

In Türkiye, the Personal Data Protection Board fined a social media platform 1.7 million TL in 2022.
In Germany, a technology company was fined €35 million in 2020 for a GDPR violation.
This demonstrates that sanctions in Europe are both high and more of a deterrent.

7. Proposed Solutions

Bringing the Turkish Personal Data Protection Law (KVKK) into compliance with the GDPR
Clarifying data breach notification deadlines
Increasing the deterrent effect of administrative fines,
Development of industry compliance guidelines for data controllers.

8. Conclusion

While data protection law in Turkey and Germany is similar in terms of fundamental principles, enforcement power, the breadth of data subject rights, and oversight mechanisms . GDPR grants individuals broader rights, while Turkey's KVKK (Law on the Protection of Personal Data) appears more limited in this respect. In the future, Turkey is expected to increase its alignment with EU data protection standards.

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