AI-Powered Advertising and GDPR Violations: A Legal Perspective in Türkiye

1. Introduction

Today, the use of artificial intelligence (AI) technologies in advertising is becoming increasingly widespread. AI solutions provide businesses with a strategic advantage in many areas, such as personalized advertising, target audience analysis, and user behavior prediction. However, this situation brings significant legal risks, particularly in the context of the processing and protection of personal data, under Turkey's fundamental data protection law, the Personal Data Protection Law (KVKK).

2. Artificial Intelligence and Personal Data Processing

AI-powered advertising systems allow users to:

• Demographic information,

• Internet behaviors,

• Location data,

• Data regarding their habits and preferences

It collects and analyzes this data and provides targeted advertisements based on this data. These processes are subject to the personal data processing conditions of the KVKK (Turkish Personal Data Protection Law);

• Data minimization,

• Obtaining explicit consent,

• Implementation of data security measures,

• Statement of purpose and limitations

It is mandatory to fulfill obligations such as these.

3. Risks That May Lead to GDPR Violations

The main GDPR violations that stand out in AI-powered advertising are as follows:

• Data processing without consent: The collection and processing of personal data without obtaining explicit and informed consent from users.

• Failure to adhere to data minimization: Collecting unnecessary data beyond what is needed.

• Data security vulnerabilities: Data leaks and breaches due to cyberattacks or lack of internal controls.

• Profiling and automated decision-making: Using artificial intelligence algorithms to make decisions based on sensitive data such as people's economic status, health, or personal preferences, without providing them with informed consent.

• Misuse of data: Using collected data for purposes other than advertising, but also for other commercial activities.

4. Legal Regulations and Sanctions

Articles 5, 6, and 11 of the KVKK (Law on Protection of Personal Data) define the conditions for processing personal data, while articles 12-15 regulate the rights of the data subject. In AI-powered advertising activities;

• If data is processed without explicit consent, the Personal Data Protection Authority (KVKK) may impose administrative fines and sanctions upon the complaint of the personal data owner.

• Failure to ensure data securitycan lead to financial and emotional harm to individuals and may result in compensation lawsuits.

• The lack of transparency in automated decision-making and profiling processes constitutes a violation of individuals' rights to file complaints under the Turkish Personal Data Protection Law (KVKK).

5. Adaptation Strategies and Recommendations

Organizations that use AI-powered advertising;

• They must keep their data protection notices and consent statements up-to-date within the scope of the Personal Data Protection Law (KVKK)

• They must clearly define the purposes of data processing and only process the necessary data

• They must take technical and administrative measures for data security

• They should make automated decision-making processes open and transparent,

• They organize regular internal audit and compliance training,

This is critically important in terms of reducing risks in practice.

6. Conclusion

AI-powered advertising holds a significant place in the future of digital marketing in Türkiye, but the use of these technologies without GDPR compliance poses serious legal risks and leads to reputational damage. Advertisers and businesses must fully comply with personal data protection legislation and effectively leverage the advantages of this technology within legal limits.