WHAT DO THE COOKIES TELL US ABOUT PERSONAL DATA?

With evolving technology, cookies have become one of the most important methods of personal data gathering. In many countries, institutions and/or legislators have embraced this update in our lives and adopted new rules. One of these countries is Turkey and recently, a guideline about the cookies that are used on websites and various mobile applications has been published by the Turkish Personal Data Protection Authority (“Authority”). In accordance with this guideline, the Authority has stated that personal data processing can also be carried out through cookies and underlined the necessity of fulfilling the obligations arising from the Personal Data Protection Law (Law) within the framework of these data processing activities.

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LEGAL OVERVIEW ABOUT PERSONAL DATA

The Law on Protection of Personal Data (“Law”) numbered 6698 is published on the official gazette dated 07.04.2016. The justification of Law clarifies that collection and transmission of one’s personal data through the information systems has become unavoidable in the last decades either by a private sector or a public sector. Although the collection and usage of personal data is necessary in some instances in terms of social and business life, it is also essential to protect one’s fundamental rights and freedoms which are secured by both international treaties and the Constitution of the Republic of Turkey. Thereby to balance between one’s fundamental rights and functioning of business and social life has become a current issue as a primary need.      

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