Cross-Border Data Transfer: Methods and Conditions

Cloud services, global CRMs and overseas business partners raise the question of transferring personal data across borders. KVKK conditions such transfers. This article summarizes cross-border transfer methods. For a hands-on example, see our cross-border transfer case study.

This content is for general information only and does not constitute legal advice. The transfer regime may be updated; rely on the Authority's regulations for current procedure.

Why are transfers specially regulated?

When data leaves the country, the level of protection is expected to continue similarly to that in Türkiye. Transfers are therefore made under specific safeguards rather than "freely".

Main transfer methods

• Adequacy decision. Transfer to countries or categories the Board has determined to have adequate protection.
• Appropriate safeguards. Where there is no adequacy decision, transfer via tools such as standard contractual clauses and binding corporate rules (BCR).
• Exceptional (incidental) cases. In certain limited situations, transfer based on the exceptions listed in the law.

Which method is appropriate depends on the destination country, the data type and whether the transfer is ongoing.

Recording the transfer

Which data is transferred, to where, and on what basis must be recorded. This information is also part of your VERBİS declaration and your inventory.

Common mistakes

• Assuming a cloud provider is "not a transfer". Processing data on overseas servers can also be a transfer.
• Not documenting the basis. Failing to show which safeguard you rely on creates risk.
• Not updating contracts. Standard clauses and commitments must be kept current.

Managing the process

Keeping transfers consistent with the inventory and documenting their basis is a critical part of compliance. Kivuz KVKK is a KVKK compliance software that manages this process — from recording transfers to declaration — and keeps data in Türkiye. To see the whole, request a demo.