Turkey, as a country at the crossroads of Europe and Asia, has recognized the importance of protecting personal data in the workplace. To this end, Turkey has implemented a comprehensive legal framework known as the Labour Personal Data Protection Law, which aims to regulate the collection, processing, and storage of personal data within the context of employment. This article provides an overview of Turkey’s labour personal data protection law and its significance in promoting privacy rights in the workplace.
I. Background and Legal Framework
Turkey’s approach to personal data protection is primarily governed by the Personal Data Protection Law, enacted in 2016. This law established the Data Protection Authority (DPA) as an independent regulatory body responsible for enforcing data protection regulations. Recognizing the unique challenges associated with personal data in employment settings, Turkey introduced the Labour Personal Data Protection Law in 2020 to provide additional safeguards for employees’ privacy rights.
II. Scope and Key Provisions
The Labour Personal Data Protection Law applies to all employers, employees, and job applicants within Turkey. It covers personal data processing activities related to recruitment, employment contracts, payroll management, employee evaluations, disciplinary procedures, and termination of employment.
One of the key provisions of the law is the requirement for explicit consent. Employers must obtain the explicit consent of employees before collecting, processing, or storing their personal data. This ensures that employees have full awareness and control over their personal information.
The law also imposes obligations on employers to implement appropriate security measures to protect the personal data of employees. This includes measures to prevent unauthorized access, data breaches, and the implementation of data retention policies.
III. Employee Rights and Remedies
The Labour Personal Data Protection Law in Turkey grants employees several rights to protect their personal data. Employees have the right to access their personal data held by their employers and can request its rectification or erasure if it is inaccurate or unlawfully processed. Additionally, employees have the right to object to the processing of their personal data under certain circumstances.
In the event of a breach or violation of personal data protection in Turkey, employees have the right to file a complaint with the DPA. The DPA has the authority to investigate complaints, impose administrative fines, and order corrective measures to ensure compliance.
IV. Implications for Employers and Compliance
For employers operating in Turkey, compliance with the Labour Personal Data Protection Law in Turkey is crucial to avoid legal liabilities and reputational damage. Employers must ensure that their data processing activities are conducted in accordance with the law and that employees’ rights are respected.
To achieve compliance, employers should review their data processing practices, establish clear policies and procedures for data protection, and provide training to employees on privacy rights and obligations. Additionally, employers should implement robust security measures, such as encryption, access controls, and regular data backups, to safeguard personal data.
The Labour Personal Data Protection Law in Turkey represents a significant step towards safeguarding the privacy rights of employees. By imposing obligations on employers and granting employees various rights, the law aims to create a balance between data processing requirements and individual privacy. Employers should prioritize compliance with the law to protect their employees’ personal data and maintain the trust and confidence of their workforce. Moving forward, ongoing efforts to enforce and enhance the Labour Personal Data Protection Law will play a vital role in ensuring a transparent and privacy-conscious work environment in Turkey.
Azkan Group can support you in your Employer of Record (EOR) and payroll requests (also called Umbrella Company) in Turkey. We can manage your HR requests even if you don’t have a legal entity in Turkey.