Duyurular

Turkish Data Protection Authority Publishes Guidelines on Good Practices for the Protection of Personal Data in the Payment and Electronic Money Sector

The Guidelines on Good Practices for the Protection of Personal Data in the Payment and Electronic Money Sector (“Guidelines”) have been published by the Turkish Data Protection Authority (“Authority”) on the Authority’s official website.

According to the Guidelines;

  • The purpose of the Guidelines is to provide guidance to data controllers operating in the payment and electronic money sector on the protection of personal data and to ensure that data processing activities are carried out in compliance with the legislation.
  • In the Guidelines, the creation of good practice examples is based on payment services that are extensively used by Payment and Electronic Money Institutions, namely “Electronic Money,” “Money Remittance,” “POS Services,” “Bill Payment Intermediation Services” and “Mobile Payment Services”.
  • The Guidelines clearly define whether FinTech companies act as data controllers or data processors in the context of POS services.
  • According to the Guidelines FinTechs qualify as data controllers in the processing of cardholder data. Therefore all merchants receiving POS services are required to revise their practices in line with personal data protection requirements.
  • When it comes to cross-border data transfers, FinTech companies are not entitled to benefit from the special regulatory exemption applicable to banks and will be subject to the provisions set out in Article 9 of the Personal Data Protection Law.

You can access the full text of the Guidelines (in Turkish) here.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr


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