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Unlike the European Union (“EU”), there are no specific rules on cookies* under Turkish Data Protection Law (“Turkish DP Law”). On the other hand, Turkish Data Protection Authority (“Authority”) published a Guideline on Cookie Practices (“Guideline”) on its website on 20 June 2022.
In this factsheet, we focus on the major differences between the EU practice and the Turkish DP Law practice.
Due to the loophole in Turkish DP Law on cookies, data controllers in Turkey have been following the EU practice and using cookie policies similar to policies used in the EU.
However, the Guideline have clarified that the “privacy notices” on cookies must comply with rules on “obligation to inform” under Turkish DP Law.
Hence, such privacy notices must at least include:
On the other hand, the Guideline also recommends that the name, purpose and duration of cookies, and information as to whether a cookie is a first-party or third-party cookie be also included in cookie privacy notices.
In this regard, personal data transfer abroad remains to be a problematic issue on cookies as well.
* Electronic Communications Law includes rules specific to cookies which are only applicable to telecoms operators.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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