Transfer of personal data abroad in the scope of personal data protection law numbered 6698 and general data protection regulation numbered 2016/679

The fact that transfer of personal data abroad become quite easy with the Internet and technological developments pushes the limits of the individuals' fundamental rights and freedoms. It causes data sharing beyond the borders of the country and the scope of application of the national law of the data subject. While decreasing control over personal data causes difficulties regarding exercising data subject's rights, the disclosing party of the transfer has difficulties in ensuring data security. Location differences between the disclosing and receiving parties may cause an intersection of the scope of application of national laws and a conflict of laws. While preparing Personal Data Protection Law No. 6698 which came into force in Turkey in 2016, the provisions of the Directive 95/46/EC implemented in the EU were utilized. However, the Directive was repealed with the entry into force of General Data Protection Regulation in 2018. Turkey's goal of harmonizing with EU standards in the field of data protection requires the Regulation to be taken into account when applying the Law No. 6698. In this study, the provisions regarding the transfer of personal data abroad within the scope of the Law No. 6698 and the Regulation will be examined with referring to the opinions, guides and decisions published by the competent authorities within Turkey and the EU. The problems encountered in practice while applying the relevant provisions in the Law No. 6698 will be identified and solutions regarding them will be offered within the scope of the Regulation.