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Clarification Text and Explicit Consent Text

What is Lighting Text?

Illumination Text; It is a matter related to the Law on Protection of Personal Data (KVKK) numbered 6698, published in the Official Gazette numbered 29677 and dated 07/04/2016. Within the scope of this law; The explanation made in accordance with the legislation on subjects such as obtaining, recording, storing, updating, classifying, sharing or transferring personal data with third parties permitted by the legislation can be expressed as the Clarification Text. In other words, there are articles related to those who process personal data and those whose personal data are processed. Within the scope of these articles, it can be said in summary that; A natural or legal person processing personal data should enlighten the person whose personal data they are processing with a clarification text or ensure that the clarification is done.

How is the Illumination Text Prepared and What Does It Contain?

In this law; The natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system is called the data controller. The obligation to inform the data controller is stated in Article 1o as follows;

1. During the acquisition of personal data, the data controller or the person authorized by it, to the relevant persons;
a. Identity of the data controller and its representative, if any,
b. For what purpose personal data will be processed,
c. To whom and for what purpose the processed personal data can be transferred,
D. Method and legal reason for collecting personal data,
to. Other rights listed in Article 11 (rights of the person concerned),

responsible for providing information. In this context, a lighting text should include the above points.

In addition, in Article 11 of the same law, the rights of the person concerned (the real person whose personal data are processed) are specified with the following articles;

1. Everyone can relate to himself/herself by applying to the data controller;
a. Learning whether personal data is processed or not,
b. If personal data has been processed, requesting information about it,
c. Learning the purpose of processing personal data and whether they are used in accordance with the purpose,
D. Knowing the third parties to whom personal data is transferred at home or abroad,
to. Requesting correction of personal data in case of incomplete or incorrect processing,
f. Requesting the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7,
g. Requesting notification of the transactions made pursuant to subparagraphs (d) and (e) to third parties to whom personal data has been transferred,
h. Objecting to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems,
I. To request the compensation of the damage in case of loss due to unlawful processing of personal data,
has rights.

In addition, in the said law; It is stated that those who do not fulfill the obligation of disclosure stipulated in Article 10 of this law are subject to an administrative fine from 5,000 Turkish liras to 100,000 Turkish liras. A lighting text can be prepared by taking these aspects into account.

What is Explicit Consent Text?

Another issue mentioned in the Law on Protection of Personal Data No. 6698; It is the concept of “Explicit Consent”. In the law in question, this concept; It is stated as "It refers to the consent that is based on information and expressed with free will on a certain subject". In this context, the text prepared in accordance with this definition and the aforementioned law can be called the Open Consent Text.

How is the Explicit Consent Text Prepared and What Does It Contain?

The definition of the concept of explicit consent was made in the Law No. 6698, but the definition of the text of explicit consent was not mentioned. In addition, it is not possible to find an article in the law in question that explains step by step how this text will be prepared. However, a Text of Explicit Consent can be prepared by taking into account the explanations written about the concept of explicit consent in the Law No. 6698. In order to get an idea about the explicit consent text, the following two examples can be examined.
1. “I accept the storage and processing of my personal data in accordance with the Law on the Protection of Personal Data No. 6698.”
2. “Your personal data is collected in order to serve you better. This information will only be stored and processed by our institution. You can request access, change and destruction of data about you by contacting our data representative. In this context, if you agree to the storage and processing of your personal data in accordance with the Law on the Protection of Personal Data No. 6698, please tick the box below.

Focus Keywords: Illumination Text, illumination text, Open Consent Text, explicit consent text.
Meta Description: This post; It mentions the texts called the Illumination Text and the Open Consent Text and the KVKK No. 6698.