How to Ensure GDPR Compliance on E-Commerce Websites?

Entrance

The e-commerce sector is one of the areas where personal data is processed most intensively. On an e-commerce site, a large amount of personal data is processed when a user creates an account, browses products, adds items to their cart, makes a payment, enters their shipping address, consents to campaign notifications, uses live support services, or is tracked via cookies. Therefore, for e-commerce site owners GDPR complianceis not simply about adding a few lines of text to the website; it is a comprehensive legal compliance process that must be addressed together with technical infrastructure, contracts, user interface, data security, marketing permissions, and supplier relationships.

In Türkiye, the Law No. 6563 on the Regulation of Electronic Commerce and its secondary regulations provide an important framework for e-commerce activities. The Ministry of Trade states that Law No. 6563 was enacted to create the legal infrastructure for electronic commerce in Türkiye and has been updated subsequently taking into account developments in the e-commerce sector. Therefore, when evaluating its obligations under the Personal Data Protection Law (KVKK), an e-commerce business should consider e-commerce legislation, consumer law, commercial electronic communication rules, and personal data protection law together.

What Personal Data is Processed on an E-Commerce Website?

Personal data processed on e-commerce websites is not limited to name, surname, phone number, and email address. Membership information, delivery address, billing address, order history, payment information, IP address, device information, cookie records, customer transaction records, product reviews, return requests, call center records, live support correspondence, campaign preferences, and shopping habits may also be considered personal data.

If an e-commerce site records which products a user viewed, which products they added to their cart, which payment method they chose, which city they connected from, which device they used, and which campaigns they showed interest in, all of this data must be evaluated in terms of the Turkish Personal Data Protection Law (KVKK). Even if the user's name is not clearly visible, information such as IP address, cookie ID, device ID, or customer number can make the individual identifiable.

Therefore, e-commerce website owners must first clearly identify which personal data they process. Without creating a data inventory, determining which data is processed for what purpose, and revealing with whom each data item is shared, true compliance with the Personal Data Protection Law (KVKK) cannot be achieved.

Who is the Data Controller?

In most cases, the business that determines the purposes and methods of processing personal data on its e-commerce site the data controller . For example, a company is considered a data controller if it decides for what purpose it will process customer membership information, order records, payment processes, shipping information, and marketing preferences.

Conversely, a shipping company, payment institution, hosting provider, call center service provider, software company, CRM system, email marketing platform, or advertising agency may be considered a data processor or a separate data controller, depending on the specific situation. This distinction is important because the data controller is directly responsible for the lawful processing and security of personal data.

From a GDPR perspective, simply stating "data is held by the payment institution" or "we transfer shipping information to the shipping company" is insufficient. E-commerce sites must evaluate their relationships with all suppliers whose data they process, establish data processing agreements, explain the purposes of data transfer in their disclosure statements, and take necessary technical and administrative measures.

The First Step Towards GDPR Compliance: Data Inventory

The first step in achieving GDPR compliance for e-commerce sites is to create a data inventory. A data inventory is a fundamental study that shows which personal data is collected from whom, by what methods, for what purposes, and on what legal grounds; to whom it is transferred; how long it is stored; and what security measures are used to protect it.

An e-commerce site's data inventory should examine at least the following processes: membership creation, guest shopping, order and payment, shipping and delivery, invoice generation, returns and exchanges, customer service, live support, product reviews, campaign and marketing permissions, cookies, ad pixels, loyalty program, supplier management, accounting records, and data breach processes.

Data protection notices prepared without a data inventory often become incomplete, general, and copied texts. However, the essential element of GDPR compliance is that the text reflects the company's actual data processing activities. Therefore, the technical infrastructure of an e-commerce site and its legal texts must be consistent with each other.

How should a Privacy Policy be prepared?

The privacy policy for e-commerce websites is one of the most fundamental obligations under the Turkish Personal Data Protection Law (KVKK). This obligation requires that, during the collection of personal data, the data subject be informed about the identity of the data controller, the purpose for which the personal data will be processed, to whom and for what purpose it may be transferred, the method and legal basis for data collection, and the data subject's rights. The Personal Data Protection Authority's Notice on Privacy Policy explicitly stipulates that these minimum elements must be included in the privacy policy.

A single general information text may often be insufficient for an e-commerce site. The membership process, order process, cookie usage, commercial electronic communications, customer service, and product reviews are all different data processing activities. Therefore, layered information may be more effective. For example, a brief informational text could be provided on the order screen, along with a link to a detailed customer information text.

General statements such as "your personal data is processed in accordance with the legislation" should be avoided in the privacy policy. Instead, concrete statements should be used. For example, it should state, "Your personal data is processed for the purposes of receiving your order, processing payment, delivering the product, issuing an invoice, and managing return and exchange processes." Furthermore, the legal basis for each data processing activity should be specifically defined under Article 5 or Article 6 of the Personal Data Protection Law (KVKK).

When is explicit consent required?

Not every data processing activity on e-commerce sites requires explicit consent. Activities such as placing an order, shipping the product, issuing an invoice, processing a payment, or handling the return process may often be based on legal grounds other than explicit consent, such as the establishment or performance of a contract, legal obligation, or legitimate interest.

However, explicit consent may be required for activities such as marketing, advertising, profiling, processing personal data within the scope of loyalty programs, processing of special categories of data requiring explicit consent, or the use of non-essential cookies. Explicit consent must be given freely, based on informed knowledge, and relating to a specific matter.

The Personal Data Protection Authority's announcement dated 2026 specifically emphasized that consent and information texts should be prepared separately. Accordingly, the consent text and the information text should not be intertwined; a separate and specific consent mechanism should be established for activities requiring explicit consent.

Therefore, single-checkbox applications on e-commerce sites that state "I have read the KVKK (Personal Data Protection Law) text and I give my explicit consent" are risky. The user should first be informed, and if explicit consent is required for any transaction, separate, explicit and independent consent should be obtained for that transaction.

Membership, Guest Shopping, and Data Minimization

E-commerce websites should only request necessary data from users. One of the fundamental principles of the Turkish Personal Data Protection Law (KVKK) is that personal data must be relevant, limited, and proportionate to the purpose for which it is processed. Therefore, making data that is not necessary for an order mandatory may create legal risks.

For example, requesting a customer's date of birth, gender, marital status, or Turkish Republic Identity Number (TR ID number) for a simple product sale may not be necessary in all cases. A TR ID number should only be requested if required by law, for an invoice, or for a specific transaction. Collecting unnecessary data with the thought that "it might be useful later" is incompatible with the principles of the Personal Data Protection Law (KVKK).

Offering guest shopping options is also important for data minimization. Forcing users to sign up for membership with every purchase should be evaluated separately in terms of processing purpose and legal basis. If a membership system exists, the membership agreement, customer information text, and marketing consents should be clearly presented to the user.

GDPR Compliance in Payment Processes

Payment processes on e-commerce websites are one of the most sensitive areas. Credit card information, debit card information, payment transaction records, installment information, invoice information, and transaction security records can be considered personal data. The Personal Data Protection Law (KVKK) and the best practices guide prepared by the Turkish Payment and Electronic Money Institutions Association also state that data such as identity, contact information, financial history, and transaction records are processed intensively in this sector.

E-commerce sites should not unnecessarily store card information; transactions should be processed through secure payment institutions and virtual POS infrastructure whenever possible. If card storage services are offered, the user should be separately informed about this, and explicit consent or appropriate legal grounds should be considered where necessary.

If data is shared with a payment institution, this sharing should be stated in the privacy policy. Additionally, the retention periods for specific data should be determined for purposes such as fraud prevention, transaction security, chargeback processes, and customer support records.

Shipping, Delivery and Billing Processes

E-commerce websites share customer information such as name, surname, phone number, delivery address, and order details with shipping companies for order delivery. This sharing is often necessary for the fulfillment of the contract. However, the customer should still be clearly informed in the privacy policy that their data will be shared with shipping and logistics service providers.

During the invoicing process, retention obligations arising from tax legislation come into play. Invoice information, order records, and accounting documents can be stored for specific periods. However, once the retention period expires, the data must be deleted, destroyed, or anonymized.

Data sharing with parties such as shipping companies, payment institutions, and accounting service providers should be regulated by contracts. These parties' data security obligations, the purposes for which they will process the data, whether they may use subcontractors, and their notification obligations in the event of a data breach should be clearly defined.

Cookie Policy and Advertising Technologies

E-commerce websites often use cookies, pixels, and similar tracking technologies. Mandatory cookies may be necessary for shopping cart functionality, session maintenance, and security. However, explicit consent may be required for analytics, advertising, targeting, remarketing, and profiling cookies.

The Turkish Personal Data Protection Authority's (KVKK) Guide on Cookie Practices provides guidance to data controllers regarding the processing of personal data through cookies. The Authority's decision summaries also state that, for cookies requiring explicit consent, the "opt-in" method based on active consent is the primary approach; and that offering a balanced selection of "accept," "reject," and "preferences" options is considered a good practice.

Therefore, simply stating "by using our site, you accept cookies" on an e-commerce site is not sufficient. Users should encounter a cookie panel upon entering the site, be able to clearly choose which cookies are not essential, and manage advertising and analytics cookies separately. The cookie policy should include information about the cookie's name, provider, purpose, duration, first-party/third-party status, and legal basis.

Commercial Electronic Communication and Marketing Permissions

E-commerce sites that want to conduct marketing through campaigns, discounts, shopping cart reminders, product recommendations, SMS, email, and calls must comply with the Personal Data Protection Law (KVKK) as well as the commercial electronic communication regulations. The Ministry of Trade states that with the Message Management System, it aims to enable citizens to view, control, and exercise their right to refuse messages from a single point.

Commercial electronic communication consent should not be confused with explicit consent under the Personal Data Protection Law (KVKK). Commercial electronic communication consent may be required to send a campaign message to an individual via SMS or email; however, processing personal data for marketing purposes in order to send such messages also requires a separate legal basis under the KVKK.

When obtaining marketing consent on an e-commerce site, users should be presented with clear and distinct options. It is incorrect to automatically grant campaign consent to someone who clicks the "Create Membership" button. Users should still be able to make purchases even if they do not accept marketing communications.

Transferring Data Abroad

If e-commerce sites use infrastructure based abroad, data transfer to foreign countries may become an issue. For example, foreign cloud services, CRM systems, email marketing tools, advertising pixels, analytics tools, live support software, or payment infrastructures can lead to the transfer of personal data abroad.

The amendments to Article 9 of the Personal Data Protection Law (KVKK) by Law No. 7499 entered into force on June 1, 2024. Under the new system, the adequacy decision for data transfer abroad must be evaluated in terms of appropriate safeguards, standard contracts, binding company rules, or limited incidental transfer cases. The Authority has stated that standard contracts and binding company rules are important tools for data transfer abroad.

E-commerce site owners should carefully examine the foreign tools they use. If they are using Google Analytics, Meta Pixel, foreign CRM, or email marketing software, they should determine which data these tools transfer abroad and which legal mechanisms are used for this transfer. Privacy policies should also be updated to reflect this data flow.

Data Security Measures

Compliance with the Personal Data Protection Law (KVKK) is not limited to legal texts alone. Data security on e-commerce sites is just as important as informing the public and obtaining explicit consent. According to Article 12 of the KVKK, the data controller is obligated to take the necessary technical and administrative measures to prevent the unlawful processing of personal data and unlawful access to data, and to ensure the preservation of data. The Authority also states that data controllers must take technical and administrative measures to ensure an appropriate level of security.

Key technical security measures for e-commerce websites include SSL certificates, secure payment infrastructure, strong password policies, two-factor authentication, firewalls, regular penetration testing, vulnerability scanning, log records, encryption, database security, backups, access authorization, and software updates.

Administrative measures include employee confidentiality agreements, data processor contracts, retention and destruction policies, authorization matrices, data inventory, employee training, supplier audits, and data breach response plans. Specifically for e-commerce sites, access to the admin panel should be restricted, former employees' accounts should be closed, and access to customer data should be determined based on need.

What should be done in case of a data breach?

Hacking an e-commerce site, leaking a customer database, order information being stolen by third parties, unauthorized access to the admin panel, sending a customer list to the wrong person, or disclosing payment information can all constitute a data breach.

According to the KVKK (Personal Data Protection Authority) Board's decision numbered 2019/10, the data controller is obliged to notify the Board without delay and within a maximum of 72 hours from the date they become aware of the breach. Furthermore, after the individuals affected by the breach are identified, they must also be notified as soon as reasonably possible.

When an e-commerce company experiences a data breach, it must first protect technical evidence. Log records, traces of the attack, IP records, server screenshots, payment records, and affected data categories should be identified. Then, together with the legal team, the scope of the breach, whether notification to the Board is required, how to notify relevant individuals, and whether to file a criminal complaint with the prosecutor's office should be evaluated.

Storage and Disposal Policy

E-commerce websites cannot store customers' personal data indefinitely. Separate retention periods must be established for order records, billing information, customer service correspondence, membership information, cookie records, marketing permissions, and log records. These periods should be determined taking into account legislation, statutes of limitations, contractual requirements, and the purpose of processing.

For example, while invoices and accounting records may be retained for a certain period due to tax regulations, continuing to keep a user on a campaign list after they withdraw their marketing consent may be illegal. Not all data of a user who cancels their membership may be immediately deleted; however, it must be clearly defined which data will continue to be retained and on what legal grounds.

Data whose retention period has expired must be deleted, destroyed, or anonymized. This process must also be technically feasible. Simply creating a policy is not enough; deletion, masking, or anonymization processes must be implemented in the database.

GDPR Compliance Checklist for E-Commerce Websites

To ensure GDPR compliance on an e-commerce site, the following steps must be taken together:

First, a data inventory should be created and all data processing processes should be identified. Membership, order, payment, shipping, invoicing, returns, customer service, marketing, cookie, and supplier processes should be examined separately.

Secondly, privacy policies should be prepared. Customer privacy policies, cookie policies, commercial electronic communication processes, and employee or supplier privacy policies should be tailored to the company's actual activities.

Thirdly, processes requiring explicit consent should be identified. Issues such as marketing, profiling, non-essential cookies, and international data transfers should be analyzed concretely.

Fourthly, the cookie panel and cookie policy must be brought into compliance with the law. Non-essential cookies should not be activated without user consent.

Fifth, contracts should be made with suppliers. Data security provisions should be established with providers of shipping, payment, hosting, software, advertising, CRM, and call center services.

Sixth, data security measures must be implemented. Technical and administrative security measures should be documented, and regular audits should be conducted.

Seventh, a data breach response plan must be prepared. This plan should predetermine who will do what in the event of a breach, the notification process to the Board, the informing of relevant individuals, and the technical response steps.

Conclusion

For e-commerce websites, compliance with the Turkish Personal Data Protection Law (KVKK) is not simply a matter of adding an information notice, an explicit consent box, and a cookie policy to the website. True compliance is achieved through the combined establishment of a data inventory, data minimization, accurate legal basis identification, obligation to inform, explicit consent management, cookie control, permissions for commercial electronic communications, payment and shipping processes, supplier agreements, analysis of data transfers abroad, data security, and a data breach response plan.

E-commerce businesses should process personal data only as much as necessary to gain customer trust and reduce legal risks, clearly state the purposes of processing, obtain marketing consents separately, manage cookies according to user preferences, and transparently explain third-party data transfers such as payment/shipping.

E-commerce sites, especially those using advertising technologies, analytics tools, foreign CRM systems, and marketing automation, should also examine the risks of data transfer abroad under Article 9 of the Turkish Personal Data Protection Law (KVKK). Technical security measures should be taken against the possibility of data breaches, log records should be maintained, access permissions should be restricted, and preparations should be made in advance for the 72-hour notification period to the Board.

In conclusion, GDPR compliance for e-commerce sites is a legal, technical, and commercial necessity. E-commerce businesses that comply with GDPR not only reduce the risk of administrative fines but also increase customer trust, protect brand reputation, and establish a sustainable structure in digital commerce. Therefore, it is crucial for e-commerce site owners to plan and regularly update their GDPR compliance process from the establishment phase.