ARTICLE
25 January 2023

Administrative Fines To Be Imposed In 2023 Under The Personal Data Protection Law

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Ozdagistanli Ekici Avukatlik Ortakliği
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OZDAGISTANLI EKICI is a specialist law firm focusing on Intellectual Property & Technology matters. Our firm has extensive experience in IT outsourcing deals, telecommunication, data protection, cloud computing, domain name disputes and website takedowns, online reputation management, media & entertainment, trademark and patent prosecution, copyright, IP Litigation and franchise & distribution, consumer law, advertisement law and gaming law areas.
Administrative fines to be imposed in case of violation of the Law on Protection of Personal Data No. 6698 ("DPL") are regulated in Article 18, titled "Misdemeanors", of the DPL.
Turkey Privacy
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Administrative fines to be imposed in case of violation of the Law on Protection of Personal Data No. 6698 ("DPL") are regulated in Article 18, titled "Misdemeanors", of the DPL. Within the scope of this article, those who do not fulfill the following obligations may be subject to administrative fines ordered by the Personal Data Protection Board ("Board"):

  • the obligation to inform provided for in Article 10,
  • the obligations related to data security provided for in Article 12,
  • the decisions issued by the Board pursuant to Article 15,
  • act contrary to the obligations for registry with the Data Controllers' Registry and for notification provided for in Article 16.

Although the amounts of administrative fines that would be imposed to each case is subject to the discretion of the Board, the lower and upper limits are determined by the DPL and these amounts are updated with the re-valuation rate every year.

On 17.01.2023, an announcement regarding the amounts of administrative fines' lower and upper limits that will be imposed for 2023 was published by the Personal Data Protection Authority in line with the re-valuation rate. You can find the table regarding the amounts of administrative fines in the announcement below.

Misdemeanors

TRY (min.-max.)

USD (min.-max.)

EUR (min.-max.)

Not fulfilling the obligation to inform provided for in Article 10

29.852

-

597.191

1.588,24

(approx.)

-

31.772,92

(approx.)

1.469,76

(approx.)

-

29.402,70

(approx.)

Not fulfilling the obligations related to data security provided for in Article 12

89.571

-

5.971.989

4.765,53

(approx.)

-

317.733,40

(approx.)

4.410,03

(approx.)

-

294.030,88

(approx.)

Not fulfilling the decisions issued by the Board pursuant to Article 15

149.285

-

5.971.989

7.942,55

(approx.)

-

317.733,40

(approx.)

7.350,05

(approx.)

-

294.030,88

(approx.)

Acting contrary to the obligations for registry with the Data Controllers'
Registry and for notification provided for in Article 16

119.428

-

5.971.989

6.354,04

(approx.)

-

317.733,40

(approx.)

5.880,04

(approx.)

-

294.030,88

(approx.)


For the full text of the announcement:

https://www.kvkk.gov.tr/Icerik/7530/6698-Sayili-Kisisel-Verilerin-Korunmasi-Kanunu-Kapsaminda-Idari-Para-Cezasi-Tutarlari

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
25 January 2023

Administrative Fines To Be Imposed In 2023 Under The Personal Data Protection Law

Turkey Privacy
Contributor
Ozdagistanli Ekici Avukatlik Ortakliği logo
OZDAGISTANLI EKICI is a specialist law firm focusing on Intellectual Property & Technology matters. Our firm has extensive experience in IT outsourcing deals, telecommunication, data protection, cloud computing, domain name disputes and website takedowns, online reputation management, media & entertainment, trademark and patent prosecution, copyright, IP Litigation and franchise & distribution, consumer law, advertisement law and gaming law areas.
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