Recent Developments on the Transfer of Personal Data Abroad

We would like to inform you on the significant amendments regarding the transfer of personal data abroad.

Article 9 of the Personal Data Protection Law No. 6698 ("Law") titled "Transfer of Personal Data Abroad" has been amended through the Law No. 7499 on the Amendment of the Code of Criminal Procedure and Certain Laws ("Amendment Law"),that was published in the Official Gazette dated March 12, 2024 and numbered 32487. In this context, the Personal Data Protection Authority ("Authority") has prepared a Draft Regulation on the Procedures and Principles for Transferring Personal Data Abroad ("Draft Regulation") to explain the amendments to Article 9 of the Law and the practices related to the transfer of personal data abroad. Additionally, draft documents concerning standard contractual clauses and binding corporate rules ("Draft Documents") have been proposed as methods to ensure adequate safeguards for the transfer of personal data abroad have been opened to public consultation.

We believe that although practical and feasible solutions are tried to be provided by regulating the details of alternative lawful transfer methods, such solutions would not be sufficient to completely eliminate the difficulties encountered in practice.

You can access our information note summarising and assessing all these developments here.