Kişisel Verilerin Işlenmesine Uygulanacak Hukuk

Development summary

This article compares Turkish and European Union approaches to identifying the applicable law in private-law disputes with a foreign element concerning personal data protection. It states that, in EU law, the issue is addressed through provisions on the territorial scope of data-protection legislation, whereas Turkish law contains no express territorial-scope rule in the KVKK and Article 35/3 of MÖHUK shows that personal-data rules are not categorically treated as directly applicable mandatory rules. On that basis, the authors indicate that where processing is linked to a contract, Articles 24–29 of MÖHUK apply; otherwise, the judge is to turn first to an analogy with Article 35, then to Article 35(1), and, failing that, to Article 34.