Author: Yi He
In today's increasingly frequent global economic activities, companies need to transmit a large amount of personal data internationally in their daily operations. Turkey's Personal Data Protection Law (Law No. 6698, KVKK) establishes strict protective regulations for cross-border data transmission, similar to those of other countries and international data protection regulations.
The Turkish Personal Data Protection Authority places a high emphasis on overseas data transmission, supervising, inspecting, and guiding companies on the cross-border transmission of personal data, and addressing relevant violations according to laws and regulations, including imposing hefty administrative fines. On February 27, 2020, the Turkish Personal Data Protection Board (Kurul) made Decision No. 2020/173, imposing a total administrative fine of 1.2 million Turkish Lira on Amazon Turkey Retail Services Inc. (Amazon Türkiye). This case (hereinafter referred to as the "Amazon Case") is significant in the history of data protection enforcement in Turkey, providing detailed guidance on many contentious issues.
I. The Legal Framework for Personal Data Protection in Turkey
1.1 The Turkish Personal Data Protection Law (KVKK) and Its Regulatory Framework
Article 20, Paragraph 3 of the Turkish Constitution explicitly states: "Personal data may only be processed in cases provided for by law or with the explicit consent of the individual." Turkey enacted the Personal Data Protection Law (KVKK) in 2016, which is the country's first systematic personal data protection regulation.
The basic structure of this law draws on the core spirit of the EU Directive 95/46/EC (the predecessor to GDPR) and the Council of Europe's Convention No. 108. KVKK and its accompanying regulations clearly define core concepts such as personal data and data controllers (veri sorumlusu), and establish the basic principles of data processing, including legality, fairness, purpose limitation, data quality, and security.
1.2 The Complete Meaning of Explicit Consent from Data Subjects
According to Article 5, Paragraph 1 of KVKK, personal data may not be processed without the explicit consent of the data subject. Under the KVKK framework, "explicit consent" (açık rıza) is defined as "consent voluntarily given for specific matters, based on sufficient information."
This definition includes three core elements: Specificity, meaning consent must be for clearly defined processing activities; Informedness, meaning the data subject must receive sufficient information disclosure; Voluntariness, meaning consent must be given based on free will.
Therefore, binding consent to mandatory actions such as terms of service or login actions, even if checked during the filling process, is considered "imposed consent" and is invalid. The so-called "bundled consent" (battaniye rıza) is not legally recognized.
1.3 Compliance Path for Cross-Border Data Transmission in Turkey
Article 9 of KVKK specifically stipulates the compliance requirements for cross-border data transmission. After the amendment in 2024, Turkey introduced a cross-border protection mechanism similar to GDPR, providing data controllers with legal pathways for cross-border transmission:
| Transmission Mechanism | Legal Basis | Applicable Conditions | Current Status | |------------------------|-------------|----------------------|-----------------| | Adequacy Decision | Article 9 of KVKK | Target country recognized as having adequate protection | The Board has not yet published any adequacy decision list | | Standard Contractual Clauses/Binding Corporate Rules | Article 9 of KVKK | Written commitments approved by the Board or BCR (Standard Contract) | Only a few commitments have been approved, BCR mechanism has been established | | Explicit Consent | Articles 5 and 9 of KVKK | Separate consent from the data subject for cross-border transmission | Most commonly used mechanism in practice |
For compliance with cross-border data transmission in Turkey, apart from countries on the adequacy list, it is generally necessary to obtain explicit consent from the data subject and comply with written commitments and standard contracts approved by the Board.
In 2020, when the Amazon case occurred, Turkey had not published any list of countries or regions recognized as having "adequate protection," and the mechanisms for standard contractual clauses and binding corporate rules had not been fully established. Therefore, at that time, cross-border data transmission could only be achieved through the explicit consent of the data subject and special permission from KVKK (i.e., both conditions must be met for cross-border transmission).
It is noteworthy that the Board emphasized in its recent decisions that mandatory consent can only be required in truly unavoidable circumstances—i.e., when the service provided cannot be realized without the relevant data processing activities. However, even in such cases, the data controller must have already initiated the application process for commitments or binding corporate rules and inform the data subject about this matter. This indicates that the Board's position is that explicit consent should be used as a regular pathway, and mandatory consent can only be required as an exception when the service provided cannot be realized without the relevant data processing activities.
II. Background and Investigation Process of the Amazon Case in Turkey
2.1 Complaints and Investigation Initiation
In April 2019, KVKK received complaints against Amazon Türkiye, accusing it of the following violations: first, failing to obtain users' explicit consent for commercial communications; second, coercing users to agree to relevant terms on the website; third, potentially transmitting user data illegally abroad.
Based on these accusations, the KVKK Board initiated a formal investigation into Amazon on May 16, 2019 (Resolution 2019/140).
2.2 Amazon's Data Processing Activities
The investigation revealed that the Amazon Turkey platform primarily collects and processes the following types of data: customer identity information (name, address, contact information, etc.); payment information; shopping history; technical data (device identifiers, browsing behavior, cookies, etc.).
According to Amazon's privacy statement, some customer data is stored on EU cloud servers and may be further transmitted to the United States for global analysis and server storage. Amazon claims that during user registration or order placement, users accept the "Privacy Statement," "Terms of Use," and "Cookie Statement" through click actions, and provides registered users with options to customize electronic marketing communications.
2.3 Amazon's Defense Arguments
In response to the investigation, Amazon presented the following defenses:
First, jurisdictional defense, arguing that the complaint should be handled by the Turkish Ministry of Commerce under the Electronic Commerce Law, rather than falling under KVKK's jurisdiction.
Second, transparency defense, claiming that all registered or ordering users are considered to have accepted its "Privacy Statement" by clicking on the interface, and the platform allows users to adjust their preferences for receiving marketing emails at any time.
Third, compliance efforts defense, asserting that Amazon is actively communicating with KVKK and has submitted a commitment for cross-border data transmission, and that the violation accusations lack substantive evidence.
Fourth, sufficient notification defense, stating that the "Create Amazon Account" page clearly indicates that "creating an account means you accept the practices outlined in this privacy statement."
However, after a detailed review, the KVKK Board did not accept these defense arguments.
III. Core Findings of KVKK
3.1 Violation of the Explicit Consent Principle
The Board determined that Amazon's practice of obtaining consent "by default" in the following ways does not comply with KVKK requirements:
First, binding consent to terms of service. Amazon obtains consent by binding it to the terms of service during user registration and order placement. When users click the "Create Account" button, the system displays "Creating an account means you accept this privacy statement," which the Board deemed as "coerced consent lacking free will."
According to Article 5, Paragraph 1 of KVKK, data processing requires independent, explicit consent. Assuming consent for all processing items, including cross-border transmission, cookie tracking, marketing emails, etc., simply because a user clicks to register or place an order does not meet the "specificity" requirement.
Second, general privacy statements cannot replace specific consent. The Board pointed out that standard texts like "privacy statements" that cover all processes cannot replace effective notification for specific processing activities. Data subjects should receive sufficient information and provide independent consent for each different nature of processing activity (such as cross-border transmission, marketing communication, cookie usage).
3.2 Violations in Sending Commercial Emails
Regarding the sending of commercial emails, Amazon sent marketing information to registered users and their contacts without obtaining separate consent, violating the consent principle of Article 5 and the legality and integrity principle of Article 4 of KVKK.
The Board cited its Principle Resolution No. 119 from 2018, stating that commercial electronic communications should be based on independent explicit consent. Allowing users to adjust marketing preferences after registration cannot replace the legal requirement to obtain consent beforehand.
3.3 Lack of Sufficient Notification Regarding Cookie Usage
The Board found that Amazon's website processes data through cookies and other technologies when users first visit, but did not provide necessary privacy notifications and choice mechanisms at the entry stage.
According to Amazon's own cookie statement, if users do not accept cookies, they cannot even complete shopping operations. This effectively ties cookie acceptance to service usage, violating KVKK's requirements for informed consent and necessity of processing. Users should be able to freely choose whether to accept cookies based on a full understanding of their purposes, rather than being forced to accept them to use basic services.
3.4 Violations in Cross-Border Transmission
The determination of cross-border data transmission is the core issue of this case. The Board's detailed analysis is as follows.
Commitment not approved. The investigation showed that Amazon did submit a commitment for cross-border data transmission to KVKK, indicating a willingness to comply with regulatory requirements. However, at the time of the penalty decision, this commitment had not yet been approved by the Board.
Lack of adequacy decision. Since Turkey had no list of countries recognized as having "adequate protection" at that time, Amazon could not rely on this pathway for cross-border transmission.
No valid cross-border consent obtained. Amazon's privacy statement explicitly mentioned that data could be transferred to the EU and the United States, but did not obtain separate consent for cross-border transmission when collecting user data. The Board emphasized that according to Article 9, Paragraph 1 of KVKK, no personal data may be transferred abroad without explicit consent.
The Board specifically pointed out that Amazon's attempt to obtain consent for all processing activities, including cross-border transmission, through the method of "creating an account means accepting the privacy statement" is a typical example of "bundled consent," which constitutes an implied expression of intent rather than explicit consent.
Correct Understanding of Explicit Consent. The Board explained in its ruling that explicit consent means that the data subject grants permission for the processing of their data based on their own will or at the request of the other party. Consent that is general in nature and not directed at specific matters or processing activities is referred to as "bundled consent," which is legally invalid.
For such an important processing activity as cross-border data transmission, data controllers must: first, inform data subjects separately about which countries or regions the data will be transmitted to; second, explain the specific purpose and necessity of the transmission; third, obtain independent consent from the data subject for cross-border transmission; fourth, not confuse consent for cross-border transmission with other processing activities.
IV. Penalty Decision and Judicial Confirmation
4.1 Administrative Fine
Based on the above findings, the KVKK Board imposed a total administrative fine of 1.2 million Turkish Lira (equivalent to approximately 193,200 RMB) on Amazon Türkiye, with the specific composition as follows:
Of which 1.1 million Lira (equivalent to approximately 177,100 RMB) is for its violation of Article 5 (processing without consent) and Article 12 (insufficient data security), primarily concerning illegal cross-border transfers and sending marketing emails without consent.
100,000 Lira (equivalent to approximately 16,100 RMB) is for its violation of Article 10 (failure to fulfill notification obligations adequately).
The penalty is based on the fine provisions of Article 18, Paragraph 1, Subparagraphs (1)(b) and (1)(a) of KVKK. The Board deemed this penalty scale appropriate and significant as a warning, being one of the higher amounts in KVKK's single penalties at that time.
(Note: The exchange rate conversion in this article is based on the market rate as of January 16, 2026 (1 CNY ≈ 6.21 TRY). However, this penalty decision occurred in 2020. Since then, the Turkish Lira has significantly depreciated against the RMB (for example, the average exchange rate in 2020 was approximately 1 CNY ≈ 1.08 TRY). Therefore, the 1.2 million Lira at the time of the penalty decision is approximately equivalent to 1.11 million RMB based on the exchange rate at that time, indicating that the actual punitive effect is much higher than the 193,200 RMB calculated at the current exchange rate.)
4.2 Judicial Process and Final Confirmation
Amazon filed an administrative lawsuit against KVKK's penalty decision, and the case was accepted by the Istanbul Criminal Court of First Instance. The court appointed experts for a technical review.
The judgment result in early 2025 showed that the expert report designated by the court found no flaws in KVKK's technical findings, both procedurally and substantively, and that the fine amount was appropriate within the legal framework. Based on the expert opinion, the judge ultimately rejected Amazon's request to cancel the fine and upheld KVKK's penalty decision.
Thus, the 1.2 million Lira fine against Amazon Türkiye officially took effect and could not be further appealed.
V. Comparative Analysis and International Perspective
5.1 Other High Penalty Cases in Turkey
The Amazon case is not an isolated incident. Turkey has increasingly tightened data protection enforcement against technology companies in recent years:
| Company | Penalty Date | Fine Amount (TL) | Main Violations | |------------------|--------------|-------------------|------------------| | Amazon Türkiye | February 2020 | 1,200,000 | Cross-border transmission without explicit consent, violations in commercial emails, insufficient cookie notification | | WhatsApp | January 2023 | 1,950,000 | Incorrectly obtaining user consent when updating terms of service and privacy policy | | Meta | 2023 | 2,665,000 | Failure to register with VERBİS within the stipulated time | | TikTok | March 2023 | 1,750,000 | Privacy policy non-compliance, collection of children's data without consent, unauthorized cookie usage |
(Recent significant penalty cases under Turkey's KVKK)
Compared to these cases, the uniqueness of the Amazon case lies in its concentrated focus on the two core issues of "lack of consent" and "cross-border transmission," rather than data breaches or child protection. This further highlights the Turkish regulatory authority's high emphasis on compliance with cross-border data flows.
5.2 Resonance with International Trends
At the international level, the EU has also imposed strict penalties for similar issues. For example, France's CNIL has imposed hefty fines on Google, Amazon, and others for serving personalized ads without consent, totaling nearly 100 million euros.
These cases collectively reflect the following trends in global personal data protection: first, strictening of consent mechanisms: regulatory authorities generally refuse to accept "bundled consent" or "mandatory consent"; second, special attention to cross-border transmission: cross-border data flows are viewed as high-risk processing activities requiring additional compliance safeguards; third, strengthening of enforcement: fine amounts have significantly increased, creating effective deterrence; fourth, convergence of international standards: national laws are increasingly aligning with international standards such as GDPR.
VI. Compliance Insights and Practical Recommendations
6.1 Core Compliance Points
The Amazon case provides the following important insights for data controllers:
First, comprehensive consent and separate consent for special conditions are necessary. Data controllers cannot obtain consent for all processing activities through a single comprehensive "privacy statement." For different types of processing activities such as cross-border transmission, marketing communications, and cookie usage, independent consent must be informed and obtained separately.
Second, avoid bundled mandatory consent. Consent for data processing should not be a prerequisite for providing services unless that processing activity is indeed indispensable for the realization of the service. Even in such cases, the commitment or BCR process should be initiated, and users must be clearly informed.
Third, special attention is needed for compliance operations in cross-border transmission. For actions involving the transfer of data abroad, it is essential to: clearly inform which countries the data will be transmitted to; explain the purpose and necessity of the transmission; obtain separate explicit consent; and consider using commitments or BCRs as alternative mechanisms.
Fourth, ensure sufficient information disclosure. Standard texts like "privacy statements" that cover all processes cannot replace adequate notification for specific processing activities. Data subjects should be informed of the purposes, methods of obtaining, legal basis for processing and transmission, and their rights.
6.2 Practical Operational Recommendations
Based on the lessons from the Amazon case, data controllers are advised to take the following measures:
First, review existing consent mechanisms. Check for instances of "bundled consent" or "mandatory consent" and promptly adjust to separate, voluntary consent.
Second, optimize compliance pathways for cross-border transmission. This includes prioritizing the application for standard contractual clauses or BCRs; if relying on explicit consent, ensure it is obtained separately and adequately informed; and pay attention to the release of Turkey's adequacy decision list.
Third, improve cookie notifications. Provide a clear cookie banner upon the user's first visit, allowing users to choose to accept or reject based on full understanding.
Fourth, establish a layered notification mechanism. Provide a concise privacy overview and a detailed privacy policy to ensure users can easily access relevant information.
Fifth, strengthen compliance in commercial communications: for marketing emails, independent consent must be obtained in advance, and a convenient unsubscribe mechanism must be provided.
VII. Recommendations for Foreign Investors Intending to Invest in Turkey
Based on the lessons from this case, we offer the following strategic recommendations for multinational companies planning to operate in Turkey:
7.1 Compliance Preparation Before Entering the Turkish Market
First, establish a localized data protection framework. Foreign investors should form a dedicated data protection team familiar with the specific requirements of KVKK before entering the Turkish market. Compliance solutions from other markets (such as the EU) should not be directly transplanted but should be localized according to the specific requirements of Turkish law.
Second, plan cross-border data transmission strategies in advance. If the business model involves transferring Turkish user data abroad (such as to parent company servers or global data centers), a clear compliance pathway must be established before business commencement: first, assess whether standard contractual clauses or BCRs can be applied; second, if relying on explicit consent, design a consent mechanism that meets legal requirements; third, allow sufficient time to communicate with KVKK and obtain necessary approvals.
Third, register with the VERBİS system. According to the Personal Data Processing Registry Management Regulation, both local and foreign data controllers must register with the Controller Registry System (VERBİS) before processing and maintain records of processing activities. Delayed registration may lead to hefty fines, as seen in the Meta case.
7.2 Compliance Focus During Ongoing Business Operations
First, redesign the user consent process. The core lesson from the Amazon case is that consent must be obtained separately for different types of data processing activities.
The following common patterns require special attention: when registering an account, only obtain the basic processing consent necessary for account creation; for marketing communications, obtain consent for commercial emails through an independent checkbox; for cookie usage, provide a cookie banner upon first visit, allowing users to choose; for cross-border transmission, inform separately and obtain explicit consent for cross-border transmission.
Second, avoid "service bundled consent." Do not make consent for data processing a mandatory prerequisite for using services unless that processing is indeed indispensable for service realization.
Even in unavoidable situations, it is essential to: first, submit a commitment or BCR application to KVKK; second, clearly explain in the privacy policy why the processing is unavoidable; third, inform users that an alternative compliance mechanism is being applied for approval.
Third, establish a transparent information disclosure mechanism. Provide clear, layered privacy information: a concise version for key points; a detailed version as a complete privacy policy, including all statutory disclosure matters; targeted notifications, providing specific explanations before particular processing activities occur.
7.3 Establish a Continuous Compliance and Risk Management Mechanism
First, establish a communication mechanism with KVKK. Proactively communicate with regulatory authorities, especially when involving complex or innovative business models. In the Amazon case, although Amazon submitted a commitment, it began cross-border transmission before obtaining approval, leading to a violation determination. The correct approach is to initiate related business only after obtaining formal approval.
Second, conduct regular compliance audits. Turkish data protection regulations are still evolving. Foreign investors should conduct a comprehensive KVKK compliance audit at least once a year; pay attention to the release of adequacy decision lists, standard contractual clauses, and other new mechanisms; and timely adjust business processes to adapt to legal changes.
Third, fully recognize and actively prepare to respond to regulatory investigations. If a notification of investigation from KVKK is received, immediately form a response team, including legal advisors and technical experts; provide the required materials comprehensively and promptly; avoid procedural defenses like "this should be handled by other departments," which proved ineffective in the Amazon case; if violations occur, actively rectify and demonstrate improvement measures to the regulatory authority.
7.4 Strategic Considerations
First, assess the necessity of data localization. Given the compliance complexities of cross-border transmission, establishing local data centers in Turkey may be a better choice under certain business models, as this can avoid the compliance burden of cross-border transmission, enhance the responsiveness of data processing, and demonstrate a long-term commitment to the Turkish market.
It is essential to emphasize that data protection awareness must be cultivated among all employees, especially in product, technology, and marketing teams. Data protection should not only be the responsibility of the legal department but should become part of the corporate culture.
Second, establish a regional compliance framework. For multinational companies operating in multiple markets, it is advisable to establish a regional compliance framework that includes Turkey to identify common and special requirements across markets, allowing for standardized processes while ensuring compliance and utilizing mechanisms like BCRs to simplify internal data flows.
To this end, it is necessary to establish a network of local legal advisors. Collaborate with local law firms familiar with Turkish data protection law to ensure timely access to professional advice and representation services.
Third, invest in compliance technology. Deploy privacy management technology tools, such as Consent Management Platforms, data mapping and processing activity record systems, and automated privacy impact assessment tools. Implement the "Privacy by Design" principle during the product and service design phase, incorporating data protection considerations rather than remedying them afterward. This includes data minimization, which means only collecting necessary data; purpose limitation, which means clearly defining the purpose of each data use; and transparency, ensuring that users can understand and control their data.
Although these investments may increase costs in the short term, they can significantly reduce long-term compliance risks and potential fines.
VIII. Summary and Reflection
The Amazon case reflects Turkey's enforcement determination in data protection regulation and the convergence with international standards. The Board strictly identified and penalized data processing activities lacking explicit consent and legal alternatives, citing KVKK and international data protection principles. The core essence of the case is: explicit consent must be specific, informed, and voluntary. Data controllers cannot evade legal requirements through "bundled consent" or "mandatory consent," especially in high-risk processing activities such as cross-border data transfers.
As Turkey's regulations continue to improve, particularly with the release of adequacy decision lists and the maturation of standard contractual clauses and binding corporate rules mechanisms, the compliance pathways for cross-border data transfers will become more diverse and clearer. Nevertheless, respecting the autonomy of data subjects, ensuring sufficient information disclosure, and obtaining genuine and effective consent will always be the cornerstone of data protection compliance.
For foreign companies intending to invest in Turkey, the Amazon case serves as a wake-up call but also as a detailed compliance guide. The key to success lies in viewing data protection as a strategic investment rather than a cost burden, incorporating compliance considerations during the business planning phase, establishing a positive interaction mechanism with regulatory authorities, and continuously monitoring the evolution of the legal environment. Only in this way can sustainable development be achieved in the Turkish market, avoiding hefty fines and the legal consequences of judicial confirmation.
As an important market connecting Eurasia, Turkey's data protection laws are becoming increasingly mature. For well-prepared and compliance-conscious foreign investors, this market remains full of opportunities. The key is to learn from the experiences of pioneers like Amazon, avoid repeating mistakes, and build a long-term competitive advantage based on compliance.
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