Obligations of commercial enterprises under the personal data protection law

The rapid advancement of technology has raised concerns about the protection of personal data. Today, unlawful access to personal data, easy dissemination of such data, and the consequent violations of personality rights, human rights, and ultimately fundamental rights and freedoms have become significant issues. In this context, legal regulations concerning the protection of personal data are of great importance. In Turkey, the Personal Data Protection Law No. 6698 (KVKK) was enacted in 2016 to safeguard the rights and freedoms of individuals. The legislation on personal data protection has seen rapid development both globally and in Turkey. Notably, the enactment of the KVKK in 2016 has accelerated legal regulations in this area in Turkey. The importance of personal data protection has become more apparent as access to data and breaches have become easier. Therefore, addressing this issue in more detail, filling legal gaps, and establishing effective control and oversight mechanisms are essential. In this regard, understanding the scope of the KVKK and the regulations it introduces is crucial. Particular attention must be given to the protection of personal data, especially concerning commercial enterprises. Commercial enterprises, which are entities engaged in the production of goods and services and involved in economic activities, manage vast amounts of personal data. The significance of commercial enterprises in the context of the KVKK lies in the volume and sensitivity of the personal data they process. In this study, the obligations of commercial enterprises under the Personal Data Protection Law No. 6698 are examined in detail. The obligations and exemptions imposed by the law are analyzed in terms of how they should be integrated into the data processing practices of commercial enterprises. The impact of the KVKK on commercial enterprises and the obligations that these entities must fulfill under the law form the core focus of this study. Specifically, the examination of the articles regulating exceptions under the KVKK is of utmost importance for commercial enterprises to ensure compliance with these provisions. Furthermore, the amendments introduced on March 12, 2024, have been discussed in this study, with an emphasis on how commercial enterprises can adapt to these new regulations. These amendments have introduced additional responsibilities and updated exceptions related to personal data processing, leading to significant implications for the data processing procedures of commercial enterprises. Consequently, this study focuses on the current obligations of commercial enterprises under the KVKK and explores how these obligations can be effectively fulfilled.