Introduction
Administrative fines


Introduction

The administrative fines that are imposed in Turkey where there is a violation of the Law on Protection of Personal Data No. 6698 (DPL) are regulated in article 18 ("Misdemeanours") of the DPL. Within the scope of this article, those who do not fulfil the obligations may be subject to administrative fines ordered by the Personal Data Protection Board. The obligations are as follows:

  • the obligation to inform, provided for in article 10;
  • the obligations related to data security, provided for in article 12;
  • the decisions issued by the board, pursuant to article 15; and
  • the obligations to register with the data controllers' registry and to notify registration, provided for in article 16.

Although the amounts of administrative fines that would be imposed on each case is subject to the discretion of the board, the lower and upper limits are determined by the DPL, and these amounts are updated with the re-valuation rate every year.

Administrative fines

On 17 January 2023, the Personal Data Protection Authority, in line with the re-valuation rate, published an announcement regarding the amounts of administrative fines' (ie, the lower and upper limits that will be imposed for 2023). The following table lays out the administrative fines' amounts that are indicated in the announcement.

Misdemeanours

Turkish lira (minimum – maximum range)

US dollars (approximate minimum – maximum range)

Euros (approximate minimum – maximum range)

Not fulfilling the obligation to inform provided for in article 10

29,852 – 597,191

1,588.24 – 31,772.92

1,469.76 – 29,402.70

Not fulfilling the obligations related to data security provided for in article 12

89,571 – 5,971,989

4,765.53 – 317,733.40

4,410.03 – 294,030.88

Not fulfilling the decisions issued by the board pursuant to article 15

149,285 – 5,971,989

7,942.55 – 317,733.40

7,350.05 – 294,030.88

Acting contrary to the obligations for registry with the Data Controllers' Registry and for notification provided for in article 16

119,428 – 5,971,989

6,354.04 – 317,733.40

5,880.04 – 294,030.88

For further information on this topic please contact Burak Özdağıstanli or Ebru Gümüş at Özdağıstanli Ekici Attorney Partnership by telephone (+90 216 230 07 48) or email ([email protected] or [email protected]). The Özdağıstanli Ekici Attorney Partnership website can be accessed at www.ozdagistanliekici.com.