For many companies operating in Türkiye, data protection compliance is still perceived primarily through the lens of the Turkish Personal Data Protection Law (KVKK). While KVKK undoubtedly forms the legal backbone of domestic data protection obligations, this perspective has become increasingly insufficient in today’s interconnected and digital business environment.

In practice, a growing number of Turkish companies are already subject—directly or indirectly—to the General Data Protection Regulation (GDPR), even if they have no physical presence within the European Union. Ignoring this reality exposes organizations not only to legal risks, but also to operational, commercial, and reputational consequences.

GDPR’s Extraterritorial Reach: A Critical Risk for Turkish Companies

One of the most misunderstood aspects of the GDPR is its extraterritorial scope. Under Article 3 of the GDPR, non-EU companies may fall within its application if they:

Offer goods or services to individuals located in the EU, or

Monitor the behavior of individuals within the EU (for example, through analytics, profiling, or targeted advertising).

For Turkish companies engaged in export, e-commerce, SaaS services, tourism, logistics, manufacturing, or international consultancy, this threshold is often crossed without explicit awareness. A website accessible to EU users, contracts with EU-based partners, or routine data transfers to European clients may already trigger GDPR obligations.

KVKK and GDPR: Similar in Structure, Different in Depth

Although KVKK was inspired by the GDPR and shares many structural similarities, the two regimes are not interchangeable. GDPR introduces broader accountability principles, stricter documentation requirements, and significantly higher administrative fines.

Key areas where GDPR expectations typically exceed KVKK practices include:

Accountability and demonstrability of compliance

Detailed records of processing activities

Impact assessments for high-risk processing

Expanded data subject rights and response obligations

Clear governance structures, including data protection roles

As a result, companies that rely solely on KVKK-based documentation and procedures often discover—too late—that their systems are not GDPR-ready.

Data Transfers: The Silent Compliance Gap

International data transfers remain one of the most sensitive and frequently overlooked compliance areas. Many Turkish companies routinely transfer personal data to cloud providers, foreign group companies, business partners, or service vendors located abroad.

Under GDPR, such transfers require a lawful mechanism, appropriate safeguards, and in many cases, additional risk assessments. The absence of these measures can invalidate the entire data processing framework, even if domestic KVKK obligations appear to be formally met.

From Paper Compliance to Operational Governance

Modern data protection compliance is no longer a matter of publishing policies on a website. Regulators increasingly focus on how data protection is implemented in daily operations, decision-making processes, and internal controls.

This shift requires companies to move from document-based compliance to living governance systems that integrate legal, technical, and organizational measures. Training, internal audits, role definitions, vendor management, and incident response mechanisms are no longer optional—they are essential.

A Strategic Opportunity, Not Just a Legal Obligation

When approached correctly, GDPR and KVKK compliance should not be viewed merely as regulatory burdens. Robust data protection frameworks enhance corporate credibility, facilitate international partnerships, and reduce friction in cross-border transactions.

For Turkish companies aiming to scale, attract foreign investment, or operate sustainably in global markets, aligning KVKK compliance with GDPR standards is no longer a future consideration—it is a present necessity.

Legal Commentary – Av. Dr. Çağrı Tuna

In my experience advising Turkish companies, the most critical mistake is treating GDPR as a distant or hypothetical risk. In reality, many organizations are already within its scope without realizing it. A proactive compliance strategy—one that harmonizes KVKK obligations with GDPR standards—not only mitigates legal exposure but also strengthens corporate governance and market trust. The question is no longer whether GDPR applies, but whether your organization is prepared.