KVKK Compliance Process
KVKK COMPLIANCE PROCESS
Introduction
The compliance process under the Personal Data Protection Law (“KVKK”) covers the steps that companies must follow in order to fulfill their legal obligations regarding the protection of personal data. This process requires careful planning and implementation of specific stages.
Situation Assessment
The first step is to create a detailed map of the institution’s current data processing activities. This includes identifying which types of data are collected, the purposes of data processing, data processing processes, and the individuals and departments involved in these processes. In addition, it determines how data is protected, which security measures are taken, and where potential vulnerabilities exist.
Creation of a Data Inventory
Following the situation assessment, an inventory containing all personal data processed by the institution should be prepared. This inventory covers data categories, processing purposes, retention periods, and third parties with whom the data is shared. This step ensures transparency in data processing activities and forms the basis for compliance with the KVKK.
Legal Compliance Analysis
After the data inventory is created, the compliance of existing data processing activities with the KVKK and relevant legislation should be evaluated. This analysis helps identify unlawful or incomplete practices and ensures that necessary corrective measures are taken.
Updating Policies and Procedures
Based on the legal compliance analysis, the institution’s data protection policies and procedures should be updated. This increases the standardization of data processing processes and raises employee awareness regarding data protection.
VERBIS Registration
The data inventory must be entered into VERBIS, the online registration system of the Personal Data Protection Authority. During the VERBIS registration, data categories, data subject groups, processing purposes, parties to whom data is transferred, whether there is a transfer abroad, retention periods, and the security measures taken are reported in detail. This registration process increases the institution’s transparency while also constituting an official step toward KVKK compliance. In addition, institutions are obliged to access the system and make the necessary updates through the data controller contact person they have appointed.
Employee Training
Training institution employees on KVKK and data protection issues is critical to the success of the compliance process. Trainings ensure that employees understand data protection policies and apply them in their daily business processes.
Data Security Measures
Technical and administrative measures must be taken to ensure the security of personal data. This includes data encryption, access control, regular security audits, and cybersecurity measures.
Management of Data Subject Rights
Institutions must establish the necessary mechanisms to enable data subjects to exercise their rights under the KVKK. This includes responding to data subjects’ requests for information, correction, or deletion in a timely and appropriate manner.
Regulation of Relationships with Data Processors
The compliance of contracts concluded with third parties processing personal data with the KVKK should be reviewed and updated where necessary. This ensures that data processors also comply with data protection standards.
Fulfillment of the Obligation to Inform
Data subjects must be provided with clear and understandable information regarding the purposes for which their personal data is processed, with whom it is shared, and their rights. This is carried out through information notices and policies.
Explicit Consent Management
Where required, explicit consent must be obtained from data subjects, and systems must be established to manage such consents. Explicit consent texts must be compliant with the KVKK, and it must be ensured that consent can be withdrawn when necessary.
Data Breach Management
Emergency plans and procedures must be established against potential data breaches. In the event of a data breach, processes must be defined for notification to the relevant authorities and for taking the necessary measures.
Continuous Monitoring and Audit
The KVKK compliance process is a dynamic process and requires continuous monitoring and regular audits. This is important to evaluate the effectiveness of data protection practices and to make necessary improvements.
Updating Records and Inventory
Records and inventories related to data processing activities must be updated regularly. This is necessary to demonstrate that the institution fulfills its data protection obligations and to be prepared for possible audits.
Conclusion and Evaluation
The KVKK compliance process is a comprehensive and dynamic approach that institutions must adopt in order to ensure data security and safeguard the protection of personal data. This process aims not only to fulfill legal obligations but also to strengthen the institution’s reputation and increase the trust of relevant persons/customers. Therefore, those who hold the title of data controller must complete and maintain the necessary compliance efforts without delay by showing due care in the KVKK compliance process.
Sincerely,
Atabay Law Office