As far as a development announced in the Official Gazette indicates, PayPal And Apple Pay Services such as will be available in Turkey in the future. can be opened.
PayPal And Apple Pay Unfortunately, very popular services such as are not available in Turkey. behind this quoted here in regulated sectors as far as It included the requirement that personal data be located in a data center within the borders of the country.. This situation has changed, it has been reported that personal data can now be transferred abroad within certain qualification conditions. The full statement made in the Official Gazette on this subject is as follows: happened: “ARTICLE 34- Article 9 of Law No. 6698 has been amended as follows.
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ARTICLE 9- (1) Personal data, if one of the conditions specified in Articles 5 and 6 is met and there is an adequacy decision about the country to be transferred, sectors within the country or international organizations, It may be transferred abroad by data controllers and data processors.
(2) The qualification decision is made by the Board and published in the Official Gazette. The Board obtains the opinion of relevant institutions and organizations if necessary. The qualification decision is evaluated at least every four years. As a result of the evaluation or in other cases it deems necessary, the Board may change, suspend or revoke the qualification decision with future effect.
(3) When making the adequacy decision, the following issues are primarily taken into account:
a) The reciprocity status regarding the transfer of personal data between Turkey and the country to which personal data will be transferred, sectors within the country or international organizations.
b) Relevant legislation and practice of the country to which personal data will be transferred and the rules governing the international organization to which personal data will be transferred.
c) The existence of an independent and effective data protection institution in the country to which personal data will be transferred or to which the international organization is subject, and the existence of administrative and judicial remedies.
d) Whether the country or international organization to which personal data will be transferred is a party to international agreements on the protection of personal data or a member of international organizations.
d) The membership status of the country or international organization to which personal data will be transferred, to global or regional organizations of which Turkey is a member. e) International agreements to which Turkey is a party.
(4) Personal data, in the absence of an adequacy decision, provided that one of the conditions specified in Articles 5 and 6 is present and the relevant person has the opportunity to exercise his rights and take effective legal remedies in the country where the transfer will be made, data controllers and may be transferred abroad by data processors:
a) Existence of an agreement that is not an international contract between public institutions and organizations or international organizations abroad and public institutions and organizations or professional organizations in the nature of public institutions in Turkey and the transfer is allowed by the Board.
b) The existence of binding company rules, which include provisions regarding the protection of personal data and are approved by the Board, that companies within the enterprise group engaging in joint economic activities are obliged to comply with.
c) Existence of a standard contract announced by the Board, which includes issues such as data categories, purposes of data transfer, recipient and recipient groups, technical and administrative measures to be taken by the data recipient, and additional measures taken for special personal data.
ç) The existence of a written undertaking containing provisions that will provide adequate protection and the transfer being authorized by the Board.
(5) The standard contract is notified to the Authority by the data controller or data processor within five business days after its signature.
(6) In the absence of an adequacy decision and if any of the appropriate assurances stipulated in the fourth paragraph cannot be provided, data controllers and data processors may transfer personal data abroad only in the presence of one of the following situations, provided that it is incidental:
a) The relevant person gives explicit consent to the transfer, provided that he or she is informed about possible risks.
b) The transfer is mandatory for the performance of a contract between the data subject and the data controller or for the implementation of pre-contractual measures taken upon the request of the data subject.
c) The transfer is mandatory for the establishment or performance of a contract between the data controller and another natural or legal person for the benefit of the data subject.
ç) The transfer is necessary for a superior public interest.
d) It is mandatory to transfer personal data for the establishment, exercise or protection of a right.
e) It is necessary to transfer personal data in order to protect the life or physical integrity of the person or someone else who is unable to express his/her consent due to actual impossibility or whose consent is not given legal validity.
f) Making a transfer from a registry that is open to the public or persons with legitimate interest, provided that the conditions required to access the registry in the relevant legislation are met and the person with legitimate interest requests it.
Clauses (a), (b) and (c) of the sixth paragraph do not apply to the activities of public institutions and organizations subject to public law.
(8) The assurances set forth in this Law are also provided by data controllers and data processors in terms of subsequent transfers of personal data transferred abroad and transfers to international organizations, and the provisions of this article are applied.
(9) Without prejudice to the provisions of international agreements, personal data may be transferred abroad only with the permission of the Board, after obtaining the opinion of the relevant public institution or organization, in cases where the interests of Turkey or the relevant person would be seriously harmed.
(10) Provisions in other laws regarding the transfer of personal data abroad are reserved. (11) The procedures and principles regarding the implementation of this article are regulated by the regulation.”