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Writer's pictureAv. Münir Ketizmen

Cloud Storage in Turkish Law

In Turkey, the use of cloud storage is governed by the Information Technologies and Communication Authority (ICTA) and the Personal Data Protection Authority (PDPA). These organizations are responsible for ensuring that the use of cloud storage is in compliance with Turkish cyber law and that the personal data of Turkish citizens is protected.


The ICTA is responsible for ensuring that cloud storage providers operating in Turkey are in compliance with the Law on the Regulation of Electronic Commerce (LEREC) and the Law on the Protection of Personal Data (LPPD). The LEREC requires that cloud storage providers must register with the ICTA and provide certain information about their services, including their data retention policies and data security measures. The LPPD requires that cloud storage providers must obtain the consent of individuals before collecting or processing their personal data, and that they must take appropriate measures to protect that data from unauthorized access or disclosure.


The PDPA is responsible for enforcing the LPPD and ensuring that cloud storage providers are in compliance with its provisions. This includes conducting inspections and investigations of cloud storage providers, and taking enforcement actions against those that are found to be in violation of the LPPD. The PDPA also has the power to issue fines and penalties for non-compliance with the LPPD, and can revoke the registration of cloud storage providers that are found to be in violation of the LPPD.


In addition to the regulations set forth by the ICTA and the PDPA, cloud storage providers operating in Turkey must also comply with the General Data Protection Regulation (GDPR), which is a set of regulations that applies to all companies operating in the European Union (EU) and European Economic Area (EEA). The GDPR requires that cloud storage providers must obtain the consent of individuals before collecting or processing their personal data, and that they must take appropriate measures to protect that data from unauthorized access or disclosure. The GDPR also requires that cloud storage providers must appoint a Data Protection Officer (DPO) who is responsible for ensuring that the company is in compliance with the GDPR.


In order to comply with Turkish cyber law and the GDPR, cloud storage providers operating in Turkey must take a number of steps to protect the personal data of Turkish citizens. This includes implementing robust data security measures, such as encryption and firewalls, to protect personal data from unauthorized access or disclosure. Cloud storage providers must also have strict data retention policies in place, which specify how long they will retain personal data and under what circumstances they will delete or destroy that data. Cloud storage providers must also ensure that they have appropriate consent mechanisms in place to obtain the consent of individuals before collecting or processing their personal data. This includes providing clear and concise explanations of what personal data will be collected and how it will be used, as well as giving individuals the ability to opt out of data collection or processing at any time.


Cloud storage providers must also appoint a DPO who is responsible for ensuring that the company is in compliance with the GDPR and Turkish cyber law. The DPO must have the necessary technical and organizational knowledge to ensure that the company is in compliance with the regulations, and must have the ability to communicate effectively with the company's management and employees.


In conclusion, the use of cloud storage in Turkey is governed by the ICTA and the PDPA, which are responsible for ensuring that the use of cloud storage is in compliance with Turkish cyber law and that the personal data of Turkish citizens is protected. Cloud storage providers operating in Turkey must also comply with the GDPR and take steps to protect the personal data of Turkish citizens, including implementing robust data security measures, having strict data retention policies in place, obtaining consent from individuals before collecting or processing their personal data, and appointing a DPO to ensure compliance with the regulations.


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