On 25.06.2021, the Announcement on the Obligation of the Partnerships to Register with VERBIS was published on the website of the Personal Data Protection Authority. With this announcement, with the decision dated 09/06/2021, it has been decided that the partners forming the partnership, who are currently obliged to register in the Registry, should also enter information regarding the personal data they process within the scope of their activities as well as their own activities during their registration with VERBIS.
At the same time, a new Board decision was published in the Official Gazette dated 24.06.2021 regarding the registration obligations of economic enterprises belonging to foundations and unions in the Data Controllers Registry.
Pursuant to Article 16 of the Law on Protection of Personal Data No. 6698; The Personal Data Protection Board can make exceptions to the obligation to register with the Registry, taking into account the criteria in Article 16 of the Regulation on the Data Controllers Registry, and can take decisions to determine the scope and implementation of the exceptions.
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, “Association residing in Turkey that processes personal data only in accordance with the relevant legislation and purposes, limited to its fields of activity, An exception has been made to the registry obligation for “foundations and unions”.
The main purpose of the obligation to register in the Registry stipulated in Article 16 of the Law is to ensure the highest level of control over the personal data of the persons concerned, through the transparent and accountable execution of personal data processing processes.
However, as a result of the evaluation made in terms of the criteria for making an exception to the registration obligation of associations, foundations, and unions; The application of the said exception is not considered appropriate for the economic enterprises of associations, foundations, and unions due to their commercial activities to generate income.
In this respect, it is important to reflect the personal data processed in the activities carried out within the economic enterprises belonging to associations, foundations, and unions to the Data Controllers Registry Information System (VERBIS) as an information entry.