MinimumElements of the Undertaking Letter to be prepared by Data Controllers for Data Transfer Abroad has been Published in the Website of the Board of Protection of Personal Data 22 May 2018

According to Article 9 of the Law on the Protection of Personal Data (“the Law”);in principle, personal data cannot be transferred abroad without the explicit consent of data subject.However; one of the exceptional situationsthat personal data can be transferred abroad without the consent of data subject is the announcement of the Board of Protection of Personal Data (“Board”) stating that the sufficient level of data protection is provided in the country that the data will be transferred.

If the Board does not determine that the country where the data to be transferred does not provide the sufficient level of protection; data controllers in Turkey and in the foreign country shall guarantee the sufficient protection in writing.

The minimum elements that shall be included in the undertaking letter to be prepared within this scope have been published in the website of the Personal DataProtection Authority (“the Authority”). The Authority that differentiatesbetweenthe data controller or data processor that the data will be transferred to has prepared sample documents for both situation.

Considering that the 2 years period to comply with the Law has been expired by month of April, it is highly important for data controllers who will transferpersonal data abroad to act in accordance with these principles in order not to face with administrative fines.

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