Open menu

Guideline on Cookies Applications Has Been Published

Guideline on Cookies Applications Has Been Published

Small information files stored on internet browsers by visited websites are called cookies. While some types of cookies are absolutely necessary for the functioning of the website visited, some types of cookies can be used to store information such as language preference or location of website visitors.

The Draft Guideline on Cookies Applications(in Turkish) was published by the Turkish Personal Data Protection Authority ("Authority") and presented to the public. On June 20, 2022, the Guideline on Cookies Applications ("Guideline") has been published on the website of the Authority for both data processors and data controllers.

It has been stated that the Guide will also be valid for desktop and mobile websites or web applications and it is aimed to create a guiding document as practical advice for all data controllers who operate a website. The Guideline also includes recommendations regarding personal data processed through cookies within the scope of the Turkish Personal Data Protection Law ("Law").

In the Guideline, examinations are carried out regarding the types of cookies, and evaluations are made on whether cookies require explicit consent or not.

Within the scope of the Guideline and the Law, data controllers are recommended to consider the following criteria's when processing personal data through cookies:

  • Criteria A: The use of the cookie only for the purpose pf providing communication over the electronic communication network.
  • Criteria B: The use of cookies is strictly necessary for information society services that the subscriber or user explicitly requests to receive services.

The personal data processing conditions for cookies within the scope of Law are as follows;

  • Explicit consent or,
  • As a result of the evaluation made by the data controller regarding the personal data processing activity through cookies, it is necessary to consider the other data processing conditions listed in Articles 5 and/or 6 of the Law.

Within the scope of the application of the processing conditions in the 5th and/or 6th articles, if the personal data processing is based on one of the conditions other than the explicit consent in the Law, in this case, there is no need to obtain explicit consent from the data subject.

It is stated in the Guideline that the data controller should primarily evaluate whether the purpose of the personal data processing activity is based on one of the other processing conditions other than explicit consent and if this purpose does not met any of the conditions other than explicit consent in the Law, then the data processing activity should be based on the explicit consent of the data subject.

It is recommended in the Guideline that, in case of relying on the processing condition, "It is mandatory to process data for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject" in subparagraph (f) of the second paragraph of Article 5 of the Law, considering the scope of Criteria A and B, it is recommended to evaluate the existence of the legitimate interest by conducting a balance test by comparing the fundamental rights and freedoms of the individual with the legitimate interest of the data controller.

You can find the relevant Guideline here (In Turkish).

Should you have any queries or need further details, please contact your customer representative.

Written by Ece Nur Karakaş, Posted in Personal Data Protection Law

  • Notification!

    Contents provided in this article serve to informative purpose only. The article is confidential and property of CottGroup® and all of its affiliated legal entities. Quoting any of the contents without credit being given to the source is strictly prohibited. Regardless of having all the precautions and importance put in the preparation of this article, CottGroup® and its member companies cannot be held liable of the application or interpretation of the information provided. It is strictly advised to consult a professional for the application of the above-mentioned subject.

    Please consult your client representative if you are a customer of CottGroup® or consult a relevant party or an expert prior to taking any action in regards to the above content.

About The Author

Ece Nur Karakaş

Legal Consultant - Attorney
This website is using cookies.
In this website, we use cookies to develop your user experience, obtain efficient work and track statistical data. You are agreeing to our use of cookies by browsing our website. Please review Çerezler (Cookies) page for detailed information of how we manage the cookies. This choice is valid for 30 days until you delete the cookies in your web browser.