The Framework

Turkey’s Regulation on the Procedures and Principles Regarding the Cross-Border Transfer of Personal Data, published July 10, 2024, fundamentally restructures international data transfers by eliminating explicit consent as a legal basis after September 1, 2024, and mandating companies use specific transfer mechanisms including adequacy decisions, standard contractual clauses (SCCs), binding corporate rules (BCRs), or written undertakings.^[1] The regulation requires companies to use SCCs exactly as published by Turkey’s Personal Data Protection Authority (KVKK) without any modifications, with mandatory Turkish-language versions prevailing over foreign language contracts and notification to authorities within five business days of signing.^[2] Companies face ex officio investigations for any deviation from prescribed SCC text, while the framework restricts multiparty agreements by appearing to allow only bilateral contracts between single exporters and importers.^[3] The regulation applies to all data controllers and processors transferring personal data from Turkey, with adequacy decisions subject to reevaluation every four years and “occasional” transfers permitted only for nonregular, noncontinuous activities outside ordinary business operations.^[4]

Implications for U.S. Technology Leadership

Turkey’s inflexible SCC requirements force U.S. technology companies to abandon standardized global compliance frameworks and create Turkey-specific infrastructure that cannot integrate with existing data governance systems. American platforms must maintain separate Turkish-language legal teams and dedicate resources to bilateral contract negotiations for each data transfer relationship, multiplying compliance costs across operations.^[5] The prohibition on modifying SCCs prevents U.S. companies from using multi-party agreements common in cloud services and platform operations, forcing inefficient bilateral contracts that fragment global service delivery.^[6] These constraints particularly burden American firms that rely on centralized infrastructure and standardized legal frameworks to maintain service quality and operational efficiency across markets.

The five-day notification requirement and threat of ex officio investigations create ongoing compliance risks that compound operational costs for U.S. platforms operating at scale. While local and regional competitors can structure operations to minimize cross-border transfers, American companies must divert engineering and legal resources from innovation to manage Turkey-specific compliance processes that offer no operational benefits.^[7] The elimination of consent-based transfers forces American platforms to choose between abandoning the Turkish market or accepting compliance burdens that erode their competitive position.

Endnotes