On 25.06.2021, the Board of Protection of Personal Data (”Board”) has published two announcements; one of them is related to obligation of ordinary partnerships, joint ventures and consortiums to be registered to Data Controller Registry  (“Registry”) and the obligation of economic enterprises of associations, foundations and unions to be registered to Registry.

1.Partnerships’ Obligation to be Registered to Registry

Due to principle of transparency within the scope of the relevant legislation, it is important to declare the details of data processing activities carried out under structures such as business partnership, consortium, ordinary partnership in the Registry. Therefore, in accordance with the Board’s decision dated 09/06/2021 and numbered 2021/569, the partners forming the partnership, who are obliged to be registered to Registry should enter data regarding the personal data processed within the scope of their own activities as well as partnership’s activities, during their own registration toRegistry.

2. Obligation of Economic Enterprises of Associations, Foundations and Unions to be Registered to Registry

Pursuant to the Board’s decision dated 02/04/2018 and numbered 2018/32, amended by the Board’s Decision dated 22/04/2020 and numbered 2020/315, an exception to obligation to be registered to Registry has been granted for associations, foundations and unions in Turkey procesing personal data in accordance with the relevant legislation and solely for the purposes of their activities.

The main purpose of the obligation to be registered to Registry as stipulated in article 16 of the Law on Protection of Personal Data, is to ensure that processes regarding personal data processing activities are transparent. However, as a result of the evaluation on the criteria for granting an exception for associations, foundations and unions; application of such exception is not deemed appropriate for the economic enterprises of associations, foundations and unions due to their commercial activities to generate income.

Therefore, it is important that economic enterprises belonging to associations, foundations and unions declare their data processing activities in Registry.

In this context, as per the Board’s decision dated 09/06/2021 and numbered 2021/571;

• The part of “Associations, foundations and unions located in Turkey that processes personal data only in accordance with the relevant legislation and solely for the purposes of its activities” of the Board decision dated 02/04/2018 and numbered 2018/32 amended by the Decision dated 22/04/2020 and numbered 2020/315 has been changed as “Associations, foundations and unions located in Turkey that do not have any economic enterprises affiliated to them, which processes personal data only in accordance with the relevant legislation and and solely for the purpose of its activities “.

• The Board decided that, only economic enterprises of associations, foundations and trade unions located in Turkey that process personal data in accordance with the relevant legislation and solely for the purposes of their activities are liable to be registered to Registry and they shall enter data only regarding the activities of such economic enterprise during their registration to Registry.

Within this scope, although associations, foundations and unions performing activities limited with their field of activity are not liable to be registered to Registry however economic enterprises belonging to them are liable to be registered to Registry.