Kişisel Verilerin Işlenmesine Uygulanacak Hukuk
Development summary
Hacer Ülkü’s article, published on 2 October 2025, addresses how the applicable law is determined in personal-data protection disputes with a foreign element by comparing Turkish law with European Union law. The paper states that, in EU law, the issue is resolved through rules on the territorial scope of personal-data protection legislation, whereas Turkish law contains no express territorial-scope provision in the KVKK and Article 35(3) of MÖHUK shows that personal-data rules are not categorically treated as overriding mandatory rules. On that basis, it says that where the processing of personal data is at issue in a dispute with a foreign element, the judge will determine the applicable law under the conflict-of-laws rules in MÖHUK.