Pursuant to the Law No. 6698 on the Protection of Personal Data, the employer has the title of data controller, which is a natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system, and has responsibilities under the law.
a. Obligation to Inform
The party to this contract is obliged to protect the personal data of the personnel and is obliged to inform about which personal data is processed for what purpose, how it is stored and the rights of the personnel in this regard. The clarification text prepared by the employer within the scope of the law on the protection of personal data is attached to this contract (Annex-1 Clarification Text) .
b. Explicit Consent
The employer is obliged to comply with the provisions of Article 5/2 of the Law No. 6698 (provided that it is clearly stipulated in the laws, that it is mandatory for the protection of the life or physical integrity of the person who is unable to disclose his consent due to actual impossibility or whose consent is not legally valid, and that it is directly related to the establishment or performance of a contract, processing of personal data belonging to the parties to the contract is necessary, it is mandatory for the data controller to fulfil its legal obligation, it has been made public by the person concerned, data processing is mandatory for the establishment, exercise or protection of a right, data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the person concerned. ) In the absence of any of the reasons, it may process the personal data of the personnel only by obtaining the explicit consent of the personnel.
c. Obligations of the parties under the Law
The parties are obliged to take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent unlawful processing of personal data and unlawful access to personal data and to ensure the protection of personal data, to avoid behaviours that prevent each other from fulfilling their obligations under the aforementioned legislation and are responsible for taking these measures.
The parties also accept, declare and undertake not to use each other on their own behalf or on behalf of a third party to create, control, update, change a database, record or directory and to access and download the personal information of other members to another system.
