Administrative Fines to be Imposed in 2023 under the Personal Data Protection Law
Administrative fines to be imposed in case of violation of the Law on Protection of Personal Data No. 6698 (“DPL”) are regulated in Article 18, titled “Misdemeanors”, of the DPL. Within the scope of this article, those who do not fulfill the following obligations may be subject to administrative fines ordered by the Personal Data Protection Board (“Board”):
- the obligation to inform provided for in Article 10,
- the obligations related to data security provided for in Article 12,
- the decisions issued by the Board pursuant to Article 15,
- act contrary to the obligations for registry with the Data Controllers’ Registry and for notification provided for in Article 16.
Although the amounts of administrative fines that would be imposed to each case is subject to the discretion of the Board, the lower and upper limits are determined by the DPL and these amounts are updated with the re-valuation rate every year.
On 17.01.2023, an announcement regarding the amounts of administrative fines’ lower and upper limits that will be imposed for 2023 was published by the Personal Data Protection Authority in line with the re-valuation rate. You can find the table regarding the amounts of administrative fines in the announcement below.
|
Misdemeanors |
TRY (min.-max.) |
USD (min.-max.) |
EUR (min.-max.) |
|
Not fulfilling the obligation to inform provided for in Article 10 |
29.852 – 597.191 |
1.588,24 (approx.) – 31.772,92 (approx.) |
1.469,76 (approx.) – 29.402,70 (approx.) |
|
Not fulfilling the obligations related to data security provided for in Article 12 |
89.571 – 5.971.989 |
4.765,53 (approx.) – 317.733,40 (approx.) |
4.410,03 (approx.) – 294.030,88 (approx.) |
|
Not fulfilling the decisions issued by the Board pursuant to Article 15 |
149.285 – 5.971.989 |
7.942,55 (approx.) – 317.733,40 (approx.) |
7.350,05 (approx.) – 294.030,88 (approx.) |
|
Acting contrary to the obligations for registry with the Data Controllers’ Registry and for notification provided for in Article 16 |
119.428 – 5.971.989 |
6.354,04 (approx.) – 317.733,40 (approx.) |
5.880,04 (approx.) – 294.030,88 (approx.) |
For the full text of the announcement: https://www.kvkk.gov.tr/Icerik/7530/6698-Sayili-Kisisel-Verilerin-Korunmasi-Kanunu-Kapsaminda-Idari-Para-Cezasi-Tutarlari
Tagged with: Ozdagistanli Ekici Attorney Partnership, Burak Ozdagistanli, Ebru Gümüş, Data Protection & Privacy, DPL, Data Protection
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