Duyurular

Public Announcement on Key Issues to Consider in Standard Contracts for the Transfer of Personal Data Abroad by the Turkish Data Protection Authority

The Public Announcement on the Considerations to Be Taken into Account in Standard Contracts to Be Used for the Transfer of Personal Data Abroad by the Turkish Data Protection Authority ("Authority") had been published on the official website of the Authority on 5 February 2025.

The considerations to be taken into account in standard contracts for the transfer of personal data abroad are explained as follows:

  • The standard contract must be signed by the parties to the transfer or by persons authorized to sign or represent. This is a validity requirement and if this condition is not met, the standard contract will be deemed invalid.
  • The standard contract must be signed by the parties to the transfer or by persons authorized to sign or act as representatives on their behalf. This is a validity requirement, and if this condition is not met, the standard contract will be deemed invalid. bu ne anlama gelir yaptığın düzeltmede haklı mısın
  • The signatures to be affixed must comply with the provisions of the Turkish Code of Obligations No. 6098.
  • A standard contract may also be executed in a foreign language. However, when a contract is executed in a foreign language, both the data exporter and the data importer must sign the Turkish version of the contract.
  • The documents indicating that the persons signing the contract are authorized to represent must be submitted to the Institution along with the contract.
  • The Authority must be notified within five business days following the signing of the standard contract. This notification shall be submitted physically, via a registered electronic mail (REM) address, or through the Standard Contract Notification Module. The signature dates must be included in the standard contract text when making the notification.
  • The address, point of contact, names of signatories, and contact details of the parties involved in the data transfer must be clearly specified.
  • It is also possible to include official documents issued by foreign authorities in notifications submitted to the Authority. The authenticity of the signature on these documents and, if necessary the conformity of the seal or stamp with the original must be verified.
  • All certifying documents and foreign-language documents submitted to the Authority must be accompanied by notarized Turkish translations.
  • The effective date of the standard contract cannot be determined retroactively.
  • Standard contract texts must be used as determined by the Board. Only optional or alternative standard contract clauses may be amended.

You can access the full text public announcement (in Turkish) here.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

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