Cookies And Turkish Data Protection Law – What You Need To Know – Data Protection – Turkey


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Unlike the European Union (“EU”), there aren’t any
particular guidelines on cookies* below Turkish Data Protection Law
(“Turkish DP Law”). On the opposite hand, Turkish Data
Protection Authority (“Authority”) revealed a Guideline
on Cookie Practices (“Guideline”) on its web site on 20
June 2022.

General info

  • The Authority’s “common” method on cookies
    appears to be following the EU apply.

  • On the opposite hand, a number of the ideas launched by the
    Authority on cookies are fairly particular to the Turkish DP Law

In this factsheet, we give attention to the key variations between the
EU apply and the Turkish DP Law apply.

1. Explicit consent or not?

  1. Rule: As a common rule, strictly vital
    cookies don’t require consent below the Turkish DP Law.

  2. Exception 1: In line with EU Practice,
    purposeful cookies that are strictly essential to allow the
    info society providers explicitly requested by the consumer do
    not require consent below the Turkish DP Law.

  3. Exception 2: Contrary to the EU apply, the
    Guideline states that the specific consent of the consumer will not be
    required for first-celebration analytics cookies topic to the next

    • The use of efficiency evaluation cookies ought to be restricted to
      measuring the audience of the positioning or software

    • Personal knowledge collected by cookies which aren’t strictly
      required for the aim of processing ought to be anonymized,

    • The use of private knowledge collected by cookies ought to be
      restricted to the manufacturing of nameless statistics,

    • The length of cookies ought to be affordable, and the private
      knowledge collected shouldn’t be transmitted to

    • Personal knowledge collected by cookies shouldn’t be used to
      monitor customers throughout a number of websites or gadgets.

2. The obligation to tell knowledge topics about cookies

Due to the loophole in Turkish DP Law on cookies, knowledge
controllers in Turkey have been following the EU apply and utilizing
cookie insurance policies much like insurance policies used within the EU.

However, the Guideline have clarified that the “privateness
notices” on cookies should adjust to guidelines on “obligation
to tell” below Turkish DP Law.

Hence, such privateness notices should not less than embody:

  • The identification of the information controller and its consultant (if

  • The functions for which private knowledge will probably be processed,

  • The individuals to whom private knowledge will probably be transferred and the
    goal of such switch,

  • The methodology and authorized foundation of assortment of private knowledge,

  • The knowledge topic rights below Turkish DP Law.

On the opposite hand, the Guideline additionally recommends that the title,
goal and length of cookies, and knowledge as as to if a
cookie is a primary-celebration or third-celebration cookie be additionally included in
cookie privateness notices.

3. Personal knowledge switch overseas

  • The Guideline states that knowledge controllers should adjust to
    knowledge switch overseas guidelines below Turkish DP Law for cookies.

  • In this regard, we’re of the view that for these cookies, the
    use of which require express consent, knowledge controllers might also
    depend on a “separate” express consent for knowledge switch

  • However, for these cookies, use of which don’t require
    express consent (e.g. strictly vital cookies), as as to if
    knowledge controller might depend on consent is debatable as a result of the
    Authority’s established view is that “provision of a
    service will not be conditional upon a consent”. Hence, for
    these cookies, probably the most acceptable methodology appears to be acquiring
    the Authority’s approval by executing a typical type
    enterprise by which the recipient and the importer decide to
    present an ample stage of safety.

In this regard, private knowledge switch overseas stays to be a
problematic situation on cookies as effectively.

Key factors

  • First celebration analytics cookies might not require express consent
    in sure circumstances,

  • Cookie notices ought to be amended in accordance with guidelines on
    “obligation to tell” below Turkish DP Law,

  • An acceptable methodology for private knowledge transfers overseas ought to
    be decided by controllers.

* Electronic Communications Law consists of guidelines particular to
cookies that are solely relevant to telecoms operators.

The content material of this text is meant to offer a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.

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