What is the Personal Data Protection Law (KVKK) and why is it important?

KVKK is a Turkish law enacted in 2016 that regulates the processing and protection of personal data. It establishes principles such as legality, fairness, accuracy, purpose limitation, and data security to protect individuals' privacy and ensure transparency and accountability in data handling by organisations.

Which areas does technology law cover in relation to digital rights?

Technology law addresses various aspects of digital rights including data protection and privacy, cybercrimes like hacking and identity theft, digital intellectual property rights, and internet regulations such as e-commerce, electronic signatures, and digital contracts. It aims to balance the rights of individuals and organisations in the digital environment.

How does KVKK address challenges posed by emerging technologies like AI, big data, and IoT?

KVKK requires transparency and informed consent in AI data processing, promotes anonymisation to protect personal data in big data applications, and mandates strict data security measures and breach reporting for IoT devices. These provisions help manage legal risks associated with new technologies while safeguarding personal data.

What steps should businesses take to comply with KVKK and protect digital rights?

Businesses should create a data inventory, fulfill disclosure obligations by informing data subjects, implement technical and administrative data security measures, facilitate individuals' rights to access, correct, or delete their data, and conduct regular staff training and internal audits to ensure ongoing compliance.

What future developments are expected in technology law and digital rights regulation?

Future legal developments include amendments to KVKK, new laws on digital rights, and alignment with international standards. Expected focuses are AI ethics, algorithmic transparency, and enhanced cybersecurity laws, aiming to adapt legal frameworks to evolving technologies and better protect digital rights.

Current Approaches in Technology Law within the Framework of Data Protection and Digital Rights

As technology advances rapidly, protecting personal data and securing digital rights have become priorities for modern legal systems worldwide. In Turkey, the Personal Data Protection Law (KVKK) stands as a crucial regulation that safeguards individuals’ rights in digital environments while outlining the responsibilities of organisations handling such data. This article explores the fundamental principles of KVKK and examines contemporary approaches in technology law concerning digital rights.

1. Fundamental Principles and Significance of KVKK

Enacted in 2016, the Personal Data Protection Law marked a significant milestone in Turkey's data protection landscape. The law sets out essential principles governing the processing and protection of personal data. These principles include:

Legality and fairness: Personal data must be processed based on lawful grounds and in accordance with ethical standards.
Accuracy and currency: Data processed should be accurate and kept up to date.
Specific, clear, and legitimate purposes: Data should be used solely for the purposes for which it was collected.
Data security: Personal data must be protected against unauthorised access, unlawful processing, and damage.

These principles not only protect individuals’ privacy but also encourage transparency and accountability in the data processing activities of businesses and institutions.

2. Scope of Digital Rights and Technology Law

Digital rights refer to the fundamental freedoms and rights individuals hold when using the internet and digital technologies. These encompass areas such as personal data protection, freedom of expression, access to information, online privacy, and cybersecurity. Technology law is the branch of law that addresses the protection and regulation of these digital rights. Currently, technology law primarily focuses on the following areas:

Data protection and privacy: Regulations governing the processing, sharing, and storage of personal data.
Cybercrimes: Defining and penalising offences like hacking, fraud, and identity theft targeting information systems.
Digital intellectual property: Protecting software, digital content, and technological innovations.
Internet regulations: Legal frameworks for e-commerce, electronic signatures, digital contracts, and online services.

Technology law plays a critical role in balancing the rights of individuals and organisations in the rapidly evolving digital environment.

3. Recent Developments in KVKK and Digital Rights

Since the implementation of KVKK, numerous developments have emerged concerning data processing activities on digital platforms. The widespread use of technologies such as artificial intelligence (AI), big data analytics, and the Internet of Things (IoT) has introduced new legal challenges regarding how personal data is handled.

3.1. Artificial Intelligence and Data Processing

AI applications analyse vast amounts of data to make decisions, which can increase the risk of processing personal data without explicit consent. Under KVKK, transparency and informing individuals are key principles in AI data processing. Organisations must clearly disclose the sources and intended use of data utilised by AI systems.

3.2. Big Data and Personal Data Protection

Big data technologies enable the analysis of data collected from diverse sources, which may include personal information. KVKK promotes anonymisation practices to exclude data sets from the scope of personal data protection. Anonymisation is considered valid only when it is impossible to identify an individual from the data.

3.3. Internet of Things (IoT) and Data Security

IoT devices continuously generate and share data, necessitating new security measures to protect personal information. Manufacturers and service providers in the IoT sector must maintain up-to-date data security policies and promptly report any data breaches under the requirements of KVKK.

4. Compliance Process for Businesses Regarding KVKK and Digital Rights

Beyond legal obligations, compliance with KVKK presents businesses with a competitive advantage by fostering trust with customers. Key steps for businesses to ensure compliance include:

Creating a data inventory: Identify and document the personal data processed within the organisation.
Fulfilment of disclosure obligations: Inform data subjects about how and why their data is processed.
Implementing data security measures: Adopt both technical and administrative controls to safeguard personal data.
Facilitating data subject rights: Establish effective mechanisms for individuals to exercise their rights to access, correct, or delete their personal data.
Internal audits and training: Regularly educate staff about KVKK and digital rights and conduct internal compliance reviews.

These measures help ensure legal conformity and enhance consumer confidence.

5. Future Legal Developments and Expectations

The rapid pace of technological and digital transformation necessitates ongoing updates to existing legislation. In Turkey, amendments to KVKK and the introduction of new laws on digital rights are anticipated. Additionally, aligning national regulations with international standards and strengthening data protection authorities are key areas of focus.

Looking ahead, new regulations concerning AI ethics, algorithmic transparency, and cybersecurity law are expected. These developments will sustain the dynamic nature of technology law and aim to effectively protect digital rights in an increasingly interconnected world.

Conclusion

KVKK and digital rights form the cornerstone of contemporary technology law. Protecting personal data and securing individuals’ rights in digital spaces are vital for safeguarding privacy and ensuring the sustainability of businesses. Addressing emerging technological risks requires adaptive and up-to-date legal frameworks. Collaboration among businesses, legal professionals, and policymakers is essential to balance rights and responsibilities in the digital age.

Date: 11.14.2025

Author: Karadut Editorial Team