The popular messaging platform updated its Terms of Service and Privacy Policy to include explicit consent to the processing of personal data of users who want to use the app and transfer it to third parties located abroad, Personal Data Protection Authority ( KVKK) said in a statement.įor this, the company found that users who do not have explicit consent cannot use the app and their accounts will be deleted, the statement said.Īs part of the relevant decisions by KVKK, it was decided to officially launch an examination of WhatsApp, especially on data transfer abroad, binding the service to an explicit consent requirement and compliance with general principles.Īlthough it is stated that the application is based on different data processing conditions in terms of various personal data processing activities and that the explicit consent requirement for personal data processing is a condition referred to as an exception, it was found that the way to obtain the explicit consent of persons concerned was taken by giving consent to the contract due to the definition of the Terms of Service as a contract with the user.Ĭonsidering that a single explicit consent is obtained from users for the processing of their data and transfer to third parties residing abroad, without providing an optional right, and the processing and transfer activities are presented to the data subject inseparably in a single text by making a provision regarding the transfer in the contract, it was stated that the “free-will disclosure” element was damaged.
The 1,950,000-lira ($235,000, 200,000-euro) penalty was imposed after months of confusion over whether WhatsApp had introduced its controversial new data-sharing rules in Turkey.
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