Under the decision of Personal Data Protection Board (“Board”) dated 06/07/2023 numbered 2023/1154 released on Official Gazette dated 25/07/2023 numbered 3229, the exemption criterion introduced by the decision of the Board dated 19/07/2018 numbered 2018/87 for Data Registry Registration Obligation "annual financial balance sheet total" has been updated.
Pursuant to article 8/1 of the Regulation on Data Controllers Registry (“Registry”) dated 19/07/2018 numbered 30286, data controllers are obliged to fulfil the obligation to register with the Data Controllers Registry before processing personal data.
Pursuant to Article 16 of the Regulation, the Board may make exemptions to the registration obligation considering the criteria listed in the relevant article.
In the decision of the Board dated 19/07/2018, given Article 16 of the Regulation titled "Exemption Criteria"; in addition to the data controllers exempted by the Board Decision dated 02/04/2018 and numbered 2018/32, it was decided to exempt from the obligation to register with the Data Controllers Registry those whose core activity is not processing special categories of personal data from real or legal person data controllers whose annual number of employees is less than 50 and whose annual financial balance sheet total is less than TRY 25 million.
Pursuant to the Decision dated 06/07/2023 and numbered 2023/1154, in conclusion of the re-evaluation of the "annual financial balance sheet total criterion" in line with the economic conditions in Turkey is as follows;
The expression "real or legal person data controllers with less than 50 employees and less than TRY 25 million annual financial balance sheet total whose core activity is not processing special categories of personal data" in the Board's decision numbered 2018/87 has been amended as "real or legal person data controllers with less than 50 employees and less than TRY 100 million annual financial balance sheet total whose core activity is not processing special categories of personal data".
In this respect, in addition to the data controllers exempted by the Board Decision dated 02/04/2018 and numbered 2018/32, real or legal person data controllers with less than 50 employees and less than TRY 100 million in total annual financial balance sheet are exempted from the obligation to register with the Data Controllers Registry if their core activity is not processing special categories of personal data considering article 16th titled “Exemption Criteria” of the Regulation.
25.7.2023
