The recent amendments to the Turkish Personal Data Protection Law (Law No. 6698) through Law No. 7499 mark a significant reform in the regulation of cross-border data transfers. This article examines the newly adopted three-tier system governing the international transfer of personal data, which replaces the previous consent-based model. Under the new framework, transfers must rely first on an adequacy decision, failing which appropriate safeguards or, if unavailable, specific derogation may apply. The article analyzes the scope and hierarchy of these legal bases, with a particular focus on the challenges of interpreting the prerequisites for appropriate safeguards, such as ensuring enforceable data subject rights and effective legal remedies in the recipient country. The study also evaluates the limitations imposed by standardized contracts, especially considering the principle of freedom of contract under the Turkish Code of Obligations. Moreover, the analysis reveals how the new regulations may indirectly restrict the freedom of contract and create compliance risks for data controllers. Ultimately, this article argues that while the reform enhances alignment with the GDPR and strengthens data protection, it also introduces interpretative uncertainties and practical challenges that must be addressed through regulatory guidance and judicial interpretation.
Güray Türker (Thu,) studied this question.
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