Guide for Cross-Border Data Transfer Under KVKK (2026 Updated Regulations)

The process of transferring personal data abroad from Türkiye has entered a new era with the regulation published on July 10, 2024, and the digital notification systems becoming fully operational as of 2026. “Explicit Consent” is now an exception, while “Appropriate Safeguards” have become the primary rule.

How to Transfer Data Abroad Under KVKK?

According to the new amendments to Law No. 6698, there are three main mechanisms for the cross-border transfer of personal data:

Adequacy Decision (Safe Countries)

Data transfer can be carried out freely to countries declared by the Personal Data Protection Board (the “Board”) as having an “adequate level of protection.”

• Current Status: The Board reviews adequacy decisions every 4 years and updates the list based on digital economy protocols.

Appropriate Safeguards (SCCs and BCRs)

If the destination country is not covered by an adequacy decision, data controllers must utilize one of the following methods:

• Undertakings: Texts prepared for specific cases, subject to Board authorization.
• Standard Contractual Clauses (SCCs): Non-modifiable templates published by the Board.
• Binding Corporate Rules (BCRs): Internal protocols for multinational corporate groups, requiring Board approval.

Derogations for Specific Situations (Occasional Transfers)

Limited cases, such as explicit consent or the performance of a contract, remain valid for one-time transfers that do not exhibit continuity. However, general commercial activities typically do not fall under this scope.

Attention to the “5-Day Rule” for SCC Notifications

The most frequent cause of penalties in 2026 audits has been the failure to meet notification deadlines.

Important Note: Standard Contractual Clauses (SCCs) must be submitted to the Board via the KVKK digital notification module within 5 business days following their execution.

2026 Administrative Fines and Risk Management

The cost of non-compliance with cross-border data transfer rules has increased in 2026 due to updated revaluation rates:

• Violation of Contractual Notification Obligation: Fines range from 90,000 TL to 1.8 Million TL.
• Data Security Breaches: In cases of unlawful data transfer, fines can exceed the 17 Million TL threshold.

Compliance Checklist for Businesses

• Digital Notification: Did you report your contract via the KVKK portal within 5 business days?
• Inventory Audit: Which of your data (Cloud systems, e-mail servers, SaaS tools) is being transferred abroad?
• Method Selection: Is there an adequacy decision for the destination country? If not, has an SCC been signed?
• Contract Language: Check the consistency between foreign language texts and the Turkish version (In case of dispute, the Turkish text prevails).

To maintain operational continuity and ensure legal security in increasingly complex KVKK processes, the experienced team at Esenyel Partners is always at your side.