Legal Blog
Turkish Data Controllers Registry and Effect of the GDPR on Relevant Turkish DPA Decisions
One of the arguments concerning the extraterritoriality of the Law may be that the Law was mainly prepared based on EU Directive 95/46/EC which did not include an express extraterritoriality provision. Regardless, some recent decisions of the DPA include references to the GDPR not to EU Directive 95/46/EC.
The DPA’s Decision No. 2019/225 reviews the registration of foreign legal entities, and branches and representative offices of such entities. The reference to the GDPR is in the second section, which focuses on branches of foreign legal entities, and it refers to the provision of the GDPR Art.3/1 (relating to entities established in the EU). The DPA mainly discusses ‘establishment’ concept for branches and the definition of the controller under the GDPR, and opines that data controllers who reside abroad and process data in Turkey directly or via their branches should be registered with the Data Controllers’ Registry. Representative offices of controllers who reside abroad, on the other hand, are exempted from the registration. Further decisions of the DPA with various examples would shed light on the issue.
The foregoing affirms the GDPR’s effect on legislation and interpretation of relevant authorities in jurisdictions other than the EU and that we would very likely see intricate developments on privacy legislation and practice in 2020.
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