The First 72 Hours After a Data Breach: A Checklist for Companies
Personal data breaches must be notified to the Board as soon as possible and within 72 hours at the latest. Here are the steps to take when a breach…
Read ArticleThe amendment to Article 9 of the Turkish Data Protection Law by Law No. 7499 introduced a tiered system for cross-border transfers: adequacy decisions, appropriate safeguards and occasional transfers.
Law No. 7499 comprehensively amended Article 9 of the Personal Data Protection Law No. 6698, and the new rules entered into force on 1 June 2024. The amendment offers a more predictable framework for cross-border transfers, which in practice previously relied largely on explicit consent.
Personal data may be transferred to countries, sectors or international organisations for which the Personal Data Protection Board has issued an adequacy decision, provided that one of the processing conditions in Article 5 or 6 exists.
In the absence of an adequacy decision, data may be transferred where an appropriate safeguard is provided, such as binding corporate rules, standard contracts announced by the Board or written undertakings approved by the Board. Standard contracts must be notified to the Authority within five business days of signature.
Where neither an adequacy decision nor appropriate safeguards exist, transfers are only possible occasionally and in limited cases listed in the law (such as explicit consent or necessity for the performance of a contract). This route should not be used for regular and systematic transfers.
Companies should record transfers made through cloud services, email infrastructure, CRM systems and group companies in their inventory, determine the appropriate transfer mechanism for each and update their contracts accordingly.
This publication is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.
Personal data breaches must be notified to the Board as soon as possible and within 72 hours at the latest. Here are the steps to take when a breach…
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