How to Manage Employee Data in Compliance with KVKK in Compa

Personal data protection is not only a legal requirement in today's business world, but also a critical issue for the reputation and security of companies. Companies in Türkiye bear extensive legal responsibilities when processing employee data, as per KVKK No. 6698. This guide provides a detailed framework for companies to manage employee data in accordance with KVKK.

What is Employee Data Under the KVKK?

The employee data covered by the KVKK is quite broad and may include:

Identity Information: Basic identifying data such as Turkish Republic ID number, residence address, and date of birth.

Contact Information: Contact details such as the employee's email address and phone number.

Financial Information: Monetary data such as salary information and bank account numbers (IBAN).

Work Performance and Disciplinary Records: Performance evaluations and disciplinary records related to work processes.

Health Data: Sensitive information such as health reports and disability status, particularly those classified as "special personal data."

Legal Basis for Processing Employee Data

The Personal Data Protection Law (KVKK) determines the legal basis for processing personal data. It is not always mandatory to obtain explicit consent for employee data; in certain cases, processing may also be based on a legal basis. The applicable legal bases are:

Performance of Contract: To fulfill the requirements of the employment contract (e.g., salary payments or social security reporting).

Legal Obligations: Obligations arising from laws such as tax and labor legislation.

Legitimate Interest: To protect the company's legitimate interests (e.g., company security or performance evaluation processes), provided that it does not prejudice the employee's fundamental rights and freedoms.

What Should Be Considered When Collecting Employee Data?

It is essential that companies adopt a transparent and fair approach to employee data collection:

Fair and Transparent Data Collection: Employees should be clearly informed about what data will be collected, for what purpose, and for how long. Requiring them to sign the KVKK Information Document during the recruitment process is an important part of this disclosure.

Data Minimization (Avoiding Excessive Data Collection): Only the minimum amount of data required by the job should be collected. For example, a candidate's health history should not be requested during a recruitment process unless it is a requirement for the position. Companies should create a data inventory documenting what data they collect and why.

Employee Consent Forms: Explicit consent is required for sensitive personal data (such as health information and union membership). It is important that these consent documents are clear, concise, and provided voluntarily by the employee.

Secure Storage and Management of Employee Data

The security of collected employee data is vital to preventing data breaches and maintaining legal compliance:

Data Retention Periods: A data retention policy should be established considering legal retention periods. Data, such as resumes of unemployed candidates, should be securely deleted after a reasonable period of time.

Security Measures: Your data should be protected with encryption, unauthorized access should be prevented, and comprehensive cybersecurity measures should be implemented.

Storage Solutions: Whether cloud storage or local servers are used, attention should be paid to KVKK compliance. Regular backups of local servers and the implementation of security protocols are particularly important.

Employees' Rights and Company Obligations Under the Personal Data Protection Law

Employees have certain rights regarding their personal data, and companies are obligated to fulfill these rights:

Exercise of Rights: Employees can exercise their right to information, correction, or deletion of their data. Companies must submit a Personal Data Protection Law application form to easily exercise these rights. Applications must be responded to within 30 days.

Internal Audit and Data Breach Management: Data security must be monitored through regular internal audits, and necessary corrections must be made. In the event of a data breach, the Personal Data Protection Law Board must be notified within 72 hours.

KVKK-Compliant Steps in Human Resources Processes

HR departments play a critical role in KVKK compliance because they work directly with employee data:

Candidate Data in the Recruitment Process: Recruitment platforms must comply with KVKK and adhere to data security standards. The data of rejected candidates must be deleted after a specified period.

Performance and Disciplinary Processes: Performance evaluations should be based on transparent and objective criteria. Penalties applied during disciplinary processes should be based on legitimate grounds and not lead to a personal data breach.

Employee Health Data: Occupational physician records should be stored separately and securely. Private health data should not be shared without a legal obligation or explicit consent.

Sanctions for KVKK Violations and Company Reputation

Non-compliance with KVKK can have serious consequences for your company:

High Fines and Legal Risks: KVKK violations can result in high administrative fines and compensation lawsuits. This can negatively impact your company's financial health.

Reputation Loss and Erosion of Trust: A data breach can cause irreparable damage to your company's brand reputation and customer trust. To minimize these risks, adopting transparent data policies and developing an effective crisis management plan is crucial.

A Practical Checklist for KVKK Compliance:

●Has a data inventory been created and up-to-date?

●Have disclosure documents been updated and communicated to employees?

●Are employees regularly provided with KVKK training?

●Have the necessary data security measures (encryption, access control, etc.) been implemented?

KVKK Compliance Is More Than a Mandatory Action; It's a Trust Strategy

Compliance with KVKK means much more for companies than simply avoiding legal obligations. It forms the foundation for building employee and customer trust and a sustainable business model. With regular audits, consistent management discipline, and monitoring regulatory updates, KVKK compliance will become a strategic investment in your company's long-term success.

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