• It is the spirit and not the form of law that keeps justice alive.
    Earl Warren

RECENT EXEMPTIONS TO THE OBLIGATION TO REGISTER TO THE DATA CONTROLLERS REGISTRY

As is known, the real persons or legal entities; who process personal data in terms of the Law on Protection of Personal Data (“LPPD”) are liable as “data controllers”. Data controllers are required to prevent illegal data processing and to ensure their proper storage. In addition, data controllers are expected to register themselves to the Data Controllers Registry (“Registry”) that will be kept by the Data Protection Board (“Board”). As per Article 16 of the LPPD, the Board may set forth exemptions to the obligation to register with the Registry.

The Board has announced the deadlines to register to the Registry for certain data controllers. Accordingly;

1. The obligation of the real person and legal entity data controllers who employ more than 50 employees annually or whose annual total financial statement is more than TRY 25 million to register to the Registry will start on 01.10.2018 and these entities must register to the Registry until 30.09.2019 at the latest,

2. The obligation of the real person and legal entity data controllers who reside abroad to register to the Registry will start on 01.10.2018 and these entities must register to the Registry until 30.09.2019 at the latest,

3. The obligation of the real person and legal entity data controllers who employ less than 50 employees annually and whose annual total financial statement is less than TRY 25 million; but whose main field of activity is the processing of special categories of personal data to register to the Registry will start on 01.01.2019 and these entities must register to the Registry until 31.03.2020 at the latest,

4. The obligation of the state institutions and organizations that have the attributes of data controllers to register to the Registry will start on 01.04.2019 and these entities must register to the Registry until 30.06.2020 at the latest.

On a separate note, the Board also announced its new decisions regarding the exemptions in the Official Gazette dated 18.08.2018 and numbered 30513. According to such decisions, the Board has declared the following persons exempt from registration to the Registry:

1. Customs brokers and authorized customs brokers who engage in activities pursuant to the Customs Law No. 4458,

2. Mediators authorized pursuant to Law No. 6325,

3. The real person and legal entity data controllers who employ less than 50 employees annually and whose annual total financial statement is less than TRY 25 million; whose main field of activity is not processing of special categories of personal data.

Previously, in its decision dated 02.04.2018 and numbered 2018/32, the Board had exempted notaries public, those who process data by only non-automatic means provided that they are part of any data recording system, associations, foundations, some certain labor unions, political parties, lawyers, independent accountant and financial advisors and certified public accountants; from registering to the Registry.

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