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27Eylül2020

Penalties Imposed by the Turkish Personal Data Protection Authority (KVKK) in 2020

Penalties Imposed by the Turkish Personal Data Protection Authority (KVKK) in 2020

Negligence and violations regarding the protection of personal data impose heavy legal and criminal liabilities on business organizations.

The liabilities and amount of penalty fines due to the violation of the sanction according to the Article 18 of KVKK are as follows:

In case disclosure obligation
is contradicted;		 In case of breach
on Data Security obligations;
2016 (Amount stipulated in the Law): 2016 (Amount stipulated in the Law):
5.000 ₺ - 100.000 ₺ 15.000 ₺ - 1.000.000 ₺
2020 (Current Amount): 2020 (Current Amount):
9.013 ₺ - 180.264 ₺ 27.040 ₺ - 1.802.641 ₺
In case of contradiction
with the decisions of the Board; 		In case of breach of the obligation
of VERBIS registration and notification;
2016 (Amount stipulated in the Law): 2016 (Amount stipulated in the Law):
25.000 ₺ - 1.000.000 ₺ 20.000 ₺ - 1.000.000 ₺
2020 (Current Amount): 2020 (Current Amount):
45.066 ₺ - 1.802.641 ₺ 36.053 ₺ - 1.802.641 ₺

In addition, it is stated in the Article 17 of KVKK that the provisions of Article 135 to 140 of the Turkish Penal Code dated 26/9/2004 and numbered 5237 will be applied for crimes related to personal data. The prison sentences stipulated in the Turkish Penal Code for the Protection of Personal Data are as follows;

In case of illegal processing of personal data
1 up to 3 years sentence to prison, the penalty for sensitive data is increased
In case of providing or obtaining data illegally
2 up to 4 years sentence to prison
In case of non-purging of personal data within the period specified by law
1 up to 2 years sentence to prison

In accordance with the Article 18 of the Law, some sanctions are stipulated in the case of failure to fulfill the above mentioned obligations.

In 2020, Turkish DPA (KVKK) imposed fines in a total amount of 6.870.500,00 ₺ for 19 cases with respect to Article 18 of the Law.

Below penalty fines are published in 2020;

DATA CONTROLLER RELATED DECISION AMOUNT OF FINE
A Legal Counsel Please click here to access
the related board decision summary in Turkish.		 50.000 TL
An Educational Institution Please click here to access
the related board decision summary in Turkish.		 50.000 TL
A Bank Please click here to access
the related board decision summary in Turkish.		 50.000 TL
An Insurance Agency Please click here to access
the related board decision summary in Turkish.		 22.500 TL
A Mobile Application Please click here to access
the related board decision summary in Turkish.		 10.000 TL
A Real Estate Company Please click here to access
the related board decision summary in Turkish.		 50.000 TL
A Call Center Please click here to access
the related board decision summary in Turkish.		 18.000 TL
A Flight Ticket Sales Company Please click here to access
the related board decision summary in Turkish.		 50.000 TL
A Bank Please click here to access
the related board decision summary in Turkish.		 210.000 TL
An Internet Web Site of A Data Controller Please click here to access
the related board decision summary in Turkish.		 50.000 TL
A Fitness Center Please click here to access
the related board decision summary in Turkish.		 225.000 TL
A Data Controller Operating in Online Selling Please click here to access
the related board decision summary in Turkish.		 1.200.000 TL
An Internet Service Provider Please click here to access
the related board decision summary in Turkish.		 300.000 TL
Various Factoring Companies Please click here to access
the related board decision summary in Turkish.		 1.400.000 TL
A Game Company Please click here to access
the related board decision summary in Turkish.		 1.100.000 TL
A Bank Please click here to access
the related board decision summary in Turkish.		 1.000.000 TL
A Pharmacy Please click here to access
the related board decision summary in Turkish.		 60.000 TL
A Legal Counsel Please click here to access
the related board decision summary in Turkish.		 125.000 TL
A Data Controller Operating
in the Automotive Sector 		Please click here to access
the related board decision summary in Turkish.		 900.000 TL
19 Penalty Fines 6.870.500,00 ₺

You can contact us to have further information about your obligations specified in the Law and to prevent any criminal sanctions that may arise as a result of any legal non-compliance.

Yazar CottGroup Hukuk ve Mevzuat Ekibi, Kategori Personal Data Protection Law

  • Bordromat

  • Notification!

    The content in this article is for general information purposes only and belongs to CottGroup® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.

    CottGroup® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.

    The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.

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