Yargıtay Kararları Işığında Mal Rejiminde Eşlerin Anne Ve Babalarından Yapılan Devirlerin Hukuki Durumu

PURPOSE AND SCOPE

In the Personal Data Protection Law (“KVKK”) No. 6698, which entered into force on 07.04.2016, personal data are defined as any information related to an identified or identifiable natural person.

This Clarification Text has been prepared by AŞCİ ETCİ BENGLİAN AVUKATLIK ORTAKLIĞI (“AEB”)  as the data responsible within the scope of the Communiqué on the Procedures and Principles to be Followed in Fulfillment of the Clarification Obligation and Article 10 of the Law No. 6698 on the Protection of Personal Data.

The target group of this text is all real persons, whose personal data are processed by AEB, except for the employees of AEB or employee candidates who have applied for a job in AEB.

METHOD OF COLLECTING PERSONAL DATA

AEB or authorized third parties, who process data on behalf of AEB, may collect and process your personal data in many ways, either fully or partially automated or not automated as part of any data recording system, in accordance with the Personal Data Protection Law No. 6698 and secondary regulations.

Due to data processing, personal data is collected by AEB or authorized third parties, who process data on behalf of AEB; verbally, in writing or electronically, by means of electronic mail, telephone conversations, physical methods et cetera; or by various methods which are automatic or other non-automatic methods designated by the law and in the manner of which can also be obtained from outside the DATA RESPONSIBLE including national/international institutions and third parties that we receive support in business processes.

PURPOSE OF PROCESSING PERSONAL DATA

• Providing the requested services, performing the work for fulfilling the obligations designated in Attorneys’ Act and operating the concerning business processes,

• Determination and implementation of commercial and / or legal business strategies

• Pursuing legal processes and pursuing matters such as establishment, use, and protection of rights arising from legislation and similar matters,

• Ensuring the continuity and security of the legal services provided,

• Establishment of consultancy contract and performing the services to be provided in scope this contract,

• Client meetings held within our law office, consultancy offers, preparing the legal reports and examination of offers submitted for other legal services,

• Ensuring harmonization with the Attorneys’ Act and other professional regulations,

• Ensuring the data is accurate and up to date and Operating the conducting the information security process,

• Carrying out client relations and strategic planning activities,

• Execution of the contract processes and determination and control of the signing powers of the parties signing the relevant documents,

• Releasing information to the authorized court, enforcement office, institutions and / or organizations,

• Providing information about updates of legislation and industry,

• Carrying out the processes of information communication and physical security,

• Operating the process of pursuing requests and complaints,

• Conducting the policy of wage,

• Execution of the processes of purchasing services,

• Execution of the processes of selling services,

LEGAL REASONS OF PROCESSING PERSONAL DATA

The legal reason for processing personal data is that ensuring that AEB performs its obligations arising from law and contracts precisely and accurately, in scope with legal services and consultancy activities conducted by AEB in accordance with Attorneys’ Act.

Personal Data that collected for these legal reasons may to be process and transferred by AEB, for the purposes stated herein text  in line with conditions and purposes of processing personal data determined with the Articles 5 and 6 of Personal Data Protection Law, in accordance with the ultimate principles envisaged by KVKK.

TO WHOM AND FOR WHICH PURPOSE THE PERSONAL DATA PROCESSED CAN BE TRANSFERRED

In accordance with the confidentiality obligation, the personal data is not announced or transferred to other third parties except that the attorneys and personnel employed within AEB and that third parties/institutions must be informed during pursuing the processes.

However, in case of the provisions of the Attorneys’ Act and obligations arising from the law and in case of a request by public enterprises, courts, supervisory authorities, etc. executive institutions and organizations; it may be shared with the abovementioned institutions in accordance with the Article 8 of the Law.

Your personal data can be transferred to third parties, from which AEB have received or plan to receive consultancy, support or legal services abroad directly or indirectly by taking adequate security measures subject to the explicit consent of the data owner and / or within the framework of security and confidentiality principles specified in KVKK, (including cloud computing service providers whose servers may be located in various countries) in accordance with the above-mentioned personal data processing conditions and purposes.

DATA PROCESSING TIME

Personal data can be processed for certain periods stipulated in the applicable legislation or for the periods required to achieve the purposes set forth in this text. In the event that such legal periods or the purpose of collecting personal data expires, if there is no legally legitimate reason and time to store the data, this data will be deleted, destroyed or anonymized by AEB. Application rights for data owners to delete, destroy or anonymize their personal data are reserved.

CASE WHERE AEB CAN PROCESS THE PERSONAL DATA OF THE DATA OWNERS WITHOUT EXPLICIT CONSENT IN ACCORDANCE WITH KVKK:

Pursuant to the article 5 of KVKK, AEB may process the personal data taken as mentioned above and in accordance with the law without seeking explicit consent:

• In cases clearly stipulated by law;
• In cases where the data owner is unable to disclose his consent due to actual impossibility or where his consent is not legally valid, the processing of personal data is necessary in order to protect the life or body integrity of the data owner or someone else;
• In cases, where it is necessary to process personal data of the parties to the contract, provided that a contract is established with the AEB-related company, foundations and other related organizations or it is directly related to the performance of the contract;
• In cases where it is required for AEB to fulfill a legal obligation;
• In case personal data are publicized by the owner;
• In cases where data processing is mandatory for the establishment, use or protection of a right;
• In case where data processing is mandatory for the legitimate interests of AEB, provided that it does not harm the fundamental rights and freedoms of the data owner.

THE RIGHTS THAT DATA OWNERS HAVE IN ACCORDANCE WITH ARTICLE 11 OF KVKK ARE AS FOLLOWS:

• Finding out if their personal data are processed;
• Requesting information if their personal data have been processed;
• Learning the purpose of processing personal data and whether they are used in accordance with the purpose, requesting information;
• Knowing and learning the third parties to whom their personal data are transferred at home or abroad,
• Requesting correction in case of missing or incorrect processing of their personal data and requesting the correction made within this scope to be notified to third parties to whom personal data has been transferred;
• Despite having been processed in accordance with KVKK and related legislation, in case the reasons requiring their processing disappear, requesting the deletion or destruction of personal data and requesting notification of the transaction made within this scope to third parties to whom personal data are transferred.
• Objection to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems;
• Requesting elimination of the damage, in case the data owner is damaged due to the illegal processing of his personal data.

Data owners may personally submit their requests related to the rights mentioned above together with the information and documents that are useful to clearly their identify and the completed and signed “Data Owner Personal Information Form” or send via a notary channel to Esentepe Mah. Kasap Sk. No:12 K:4 Şişli – İstanbul.

Applications can be made by the data owner personally or through an authorized proxy by giving a special power of attorney from the notary public. AEB will evaluate the application according to the nature of the request of the data owner and conclude it within thirty days at the latest.

Regards,

AŞCİ ETCİ BENGLİAN AVUKATLIK ORTAKLIĞI