As business processes become digital, companies process millions of items of personal data every day. Customer information, employee records, financial information, health data and user accounts are important for companies to carry on their activities, but they also create a serious area of legal responsibility.

A data breach (veri ihlali) may occur when personal data is obtained by unauthorised persons, lost, altered, made unavailable or shared unlawfully.

Data breaches are not only a technical security problem. They are also an important process that triggers legal obligations which data controllers must fulfil under the Law on the Protection of Personal Data No. 6698 (KVKK). For this reason, when a data breach occurs, it is necessary to act quickly, in a planned way and lawfully.

What Is a Data Breach?

A data breach means a security breach that results in personal data being unlawfully destroyed, lost, altered, accessed by unauthorised persons or shared.

A data breach does not require a large-scale cyber attack. An email sent to the wrong person, files left open to access because of an employee’s mistake, lost devices or systems with security vulnerabilities may also be considered personal data breaches.

For this reason, companies need to assess data security not only against external threats but also against human-related risks that may arise in day-to-day operations.

How Do Data Breaches Happen?

Today, data breaches can arise for many different reasons. Cyber attacks, malware, phishing attacks and system vulnerabilities are the main ones.

However, a significant share of data breaches may originate from processes within the company. Unauthorised staff accessing data, misconfigured systems, employee errors or uncontrolled sharing of personal data are also situations that may amount to a breach.

Data security therefore means not only protecting the IT infrastructure but also setting up internal procedures, employee awareness and data management processes correctly.

What Should Be Done First When a Data Breach Occurs?

When a data breach is detected, the most important thing is to act in a controlled way without losing time. The scope of the breach, which data is affected, how many people may be harmed and whether the breach is ongoing must be determined.

At the first stage, the company’s technical teams need to close the security gap, check access and prevent the incident from escalating.

However, alongside the technical response, the legal assessment should be carried out at the same time. This is because every data breach may have different consequences, and the notifications to be made are determined according to the nature of the incident.

Obligations of the Data Controller Under the KVKK

Under the KVKK, data controllers (veri sorumluları) are obliged to ensure the security of personal data and prevent unlawful access.

When a data breach occurs, it is not enough for the data controller merely to try to stop the breach. It must also assess the effects of the incident, take the necessary measures and fulfil the relevant legal obligations.

If the data controller has set out its data breach procedures in advance, it can act more quickly and correctly during the incident.

Notifying the Personal Data Protection Authority of a Data Breach

In personal data breaches, a notification to the Personal Data Protection Authority (Kişisel Verileri Koruma Kurumu) may be required if certain conditions are met.

In the notification process, information such as when the breach occurred, which personal data was affected, how many people may be harmed and the measures taken is assessed.

Where a notification is required, delaying the process or carrying it out incompletely may create an additional legal risk for the data controller.

How Is a Legal Review Carried Out After a Data Breach?

Not every data breach is assessed in the same way. The legal consequences of customer information on an e-commerce site being exposed may differ from those of a small-scale employee data error.

The assessment takes into account the nature of the breach, the types of data affected, the likelihood of harm to individuals, the security measures the company had taken and the causes of the incident.

For this reason, after a data breach it is necessary not only to prepare a technical report but also to carry out a legal risk analysis.

Risks Companies May Face in Data Breaches

Personal data breaches may have more than one consequence for companies. In addition to administrative sanctions, loss of customer trust, damage to commercial reputation and legal disputes are possible.

Data breaches in the finance, healthcare, e-commerce, education and technology sectors in particular may have significant consequences both economically and for corporate reputation.

Personal data security in companies cannot be ensured by software systems alone. It is also very important that employees are aware of data protection.

Situations such as documents sent to the wrong person, insecure use of devices or unauthorised data sharing may lead to employee-related data breaches.

For this reason, employee training, access authorisations and internal data security procedures form an effective protection mechanism.

Measures That Can Be Taken to Prevent Data Breaches

Although responding after a data breach has occurred is important, the real goal is to prevent the breach from happening.

Companies need to carry out regular security checks, restrict employee access, set data retention processes and keep their technological infrastructure up to date.

It is also important to review the KVKK compliance process regularly and update data security policies in the light of new technologies and business models.

Legal Support and Process Management After a Data Breach

Data breaches are complex processes whose technical and legal aspects must be assessed together. An incorrect notification, incomplete measures or delayed responses may cause bigger problems for the company.

For this reason, it is important for businesses that have suffered a data breach, or that want to strengthen their data security processes, to act with a professional legal approach that assesses all aspects of the incident.

Ongoing Compliance for Secure Data Management

Personal data security is not an issue that arises only when a breach occurs. It is a dynamic process that companies must manage continuously in their day-to-day activities.

Correctly designed data management policies help both to protect individuals’ rights and to reduce businesses’ legal and commercial risks.

Data Breach Management