As a result of the amendments dated 02.03.2024 to the Law No. 6698 on the Protection of Personal Data(“Law No. 6698”) an Information Note on the Implementation of Misdemeanors in Terms of Time within the Scope of the Amendments to the Law No. 6698 on the Protection of Personal Data dated 02.03.2024 has been prepared in order to eliminate the hesitations arising in the context of the time of realization of the acts that are misdemeanors and the application of the Law in terms of time.
The table regarding the application of misdemeanors in terms of time published by the Personal Data Protection Authority (“Authority”) is as follows:
| Status/Applied Law | Complaint Time | Act Subject to Complaint |
| The act was committed and completed before the amendment of the law/Favorable Law is applied. | The complaint was filed before or after the amendment. | Instantaneous Moving Act/Interrupted Continuous Moving Act (completed) |
| The act started and continues before the change in the law/ If the act was interrupted before the change in the law, the favorable law shall apply; if it was interrupted or still continues afterwards, the new law shall apply. | The complaint was filed before the amendment. | Continuous Moving Act (continuous) |
| The act started and continues before the change of law/if the act is interrupted after the change of law, the applicable law applies. | The complaint was filed after the amendment. | Continuous Moving Act
(Continuous) |
| The act occurred after the amendment of the law / The applicable law applies. | – |
In addition;
- For acts that took place and ended before the amendment of the law, it does not matter when the complaint was filed, if the decision is made after the date of entry into force of the amendment, the favorable law shall apply.
- The act started before the amendment but still continues. It is important when the action was interrupted. If the Board decision is taken after the amendment enters into force, the new law applies. This is because the act will be interrupted by the Board’s decision. If the act was interrupted before the amendment, the favorable law shall apply.
- If the act is still continuing and the Board Decision is taken after the amendment enters into force, the applicable law shall apply. Because the act will be interrupted by the Board Decision.
- Since there is no problem of application in terms of time for the acts that occur after the amendment of the Law, the applicable law will be applied.
You may access the full text of the announcement text from the link below.
KİŞİSEL VERİLERİ KORUMA KURUMU | KVKK | Kabahatlerin Zaman Bakımından Uygulanması Bilgi Notu
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