However, which choice consists of of a lot aspects that will be available to ailment

Because transborder transfer of information out-of Chicken relates to of several uncertainties in practice together with Panel cannot publish the menu of places with compatible number of security, it has become commercially impossible to be certain that compliance into rules oftentimes. This situation written an expectation your Panel wouldn’t choose with the an admission out-of transborder transfers and you may wouldn’t impose management fines underneath the current requirements. However, in comparison to it assumption, this new Panel implemented a large amount of administrative fine towards the Amazon Turkey according to several abuses, such as the ticket about your transborder transfer out-of information that is personal.

A few of the criticised issues are summarized below:

In this Board azon Turkey, once the controller, had submitted the endeavors toward Board into the authorization out of the new alarmed transborder transmits away from personals analysis, nevertheless the Board hadn’t yet , selected this matter. Therefore, it actually was underlined because of the Panel your only courtroom alternative having Amazon Turkey’s transborder transfers out of personal information were to receive new specific concur of the concerned analysis subject. It actually was determined that the method with Craigs list didn’t include specific concur and you will was not during the compliance into the process set forth because of the PDP Rules.

The current statutes which Panel decision depend on Turkey’s government rules towards making certain that data is managed within the nation.

1. The Board’s thin and exact translation of your PDP Legislation, its incapacity to adopt regulations total, and its incapacity to help you make up internationally exhibitions properly passed inside conformity with Article ninety of your Constitution, particularly the Discussion 108 in addition to Even more Protocol 181.
2. The new Board’s anticipate of specific consent since just applicable device for the transborder transmits of your information that is personal as well as dispute with the brand new Board’s almost every other decisions and you will guidelines of one’s Authority.
3. The newest impossibility out-of transborder transfers regarding information that is personal exclusively into the basis of your specific consent of your own worried investigation subject, especially for higher-measure organizations otherwise people with many different staff otherwise contacts abroad.
4. New Board’s refusal to share the menu of regions which have suitable quantities of safeguards for many years, but being able to generate such decisions, in the event it does not fulfil its very own duty, and therefore comprises among the cornerstones to own legal compliance inside transborder transfers.
5. The fact this new Panel don’t authorize people transborder transmits within the registered endeavors, and Auction web sites Turkey’s software, towards the big date of your decision .

step three.cuatro. Board choice toward Convention 108

So it decision are of style of pros due to the Board’s interpretation from exactly how Meeting 108 and additional Method 181 is going to be used inside the home-based law.

Since the system having this new explicit concur of the study topic for transborder transmits of personal information is tough in habit, it actually was talked about if or not private information could be relocated to the newest hiring claims according to the earliest laws inside the Blog post twelve(2) of one’s Discussion 108. While the Board hadn’t revealed brand new nations with appropriate account of security, it absolutely was argued that pursuant to your Seminar 108, it absolutely was you’ll be able to to adopt the private research transfers into the hiring states of your own Meeting 108 since the legal. Moreover, the newest transborder transfer design as part of the Board’s newest Guideline to your Transborder Transfer out of Personal data served it translation.

In cases like this, the relevant control advertised you to since the recipient team of your own private information was at an eu county gönderiye buradan göz atın, which was and a hiring state regarding Meeting 108 and additional Method 181, it transborder import out-of personal information is actually legal pursuant on the Conference 108, Additional Process 181 and you will Blog post 90 out-of Composition and should not feel subject to one ban or unique authorisation.