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What are the legal requirements for the use of cookies in Turkey?

There are no specific regulations regulating the use of cookies in our country.

However, the Law No. 6698 on the Protection of Personal Data (KVKK)is applicable for all data controllers who engage in personal data processing as a result of using cookies.

It may be possible to reach the conclusion that cookies that are essential for the running of a website and the cookies that improve the security or functionality of a website would not require open consent within the framework of the KVKK. However, it is much more likely that the use of cookies that analyze users’ website activity or collect information for advertising purposes would require open consent. For precise and accurate assessments, these should be evaluated on a case-by-case basis.

In terms of the method for obtaining open consent, the requirements of the KVKK must be followed. Clarification must be provided prior to open consent, the open consent must be given actively and of the user’s free will, and open consent must not be made a prerequisite for the provision of services.     

With this said, there are no legal regulations regarding the use of cookies for non-personal data.

Nonetheless it must be pointed out that; as GDPR may also be applicable in the foregoing situations, in case where services are also being provided to EU countries, the guidelines set forth in both the KVKK and the GDPR must be taken into consideration and followed accordingly.

 

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