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Developments in the Obligation of Registration to Data Controllers’ Registry

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Developments in the Obligation of Registration to Data Controllers’ Registry

Posted | Updated by Insights team:

Publication | Update:

Jan 2023
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In accordance with Personal Data Protection Law No. 6698 (the “DPL”) and the Regulation on Da...

In accordance with Personal Data Protection Law No. 6698 (the “DPL”) and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”).

In terms of the private sector, periods regarding the registration obligation has expired as of 31.12.2021 for (i) data controllers located outside of Turkey, (ii) data controllers having more than 50 employees annually or an annual balance sheet with a value more than TRY 25 million, and (iii) data controllers whose main field of activity is processing of sensitive personal data. Administrative fines are imposed against the relevant data controllers who fail to comply with their registration obligations until this date.

The Personal Data Protection Board (“Board”) actively monitors data controllers located in Turkey in the light of notifications made to the Social Security Institution and tax offices, and imposes administrative fines on data controllers who exceed the thresholds without even warning if they are not registered with VERBIS. The Board also investigates the data controllers located abroad and processing the data of persons located in Turkey, and imposes fines on these data controllers too.

Even if there is a risk of administrative fine in case of late registration, it is suggested that all data controllers who meet the conditions but have not complied with their registration obligation yet should register to VERBIS as soon as possible.

Your Registration Obligation Has Just Begun/May Begin

Data controllers who do not meet  the conditions before 31.12.2021 may also become or will become obliged to registration after 31.12.2021.

We suggest that all real and legal persons located in Turkey check the monthly Witholding and Premium Service Declarations and the financial statements attached to the annual income or corporate tax declarations which are provided to public institutions and organizations in 2021 and 2022.

According to the information given to public institutions within the scope of these declarations, the following data controllers will also need to get registered:

  1. If the number of employees reported in each of at least 7 of the 12 months in a completed year is more than 50, the registration obligation will begin. The annual number of employees will be calculated according to this criterion. The relevant 7 months do not obliged to be consecutive months either. All real and legal persons who report more than 50 employees in any 7 or more months in the same year are obliged to get registered.
  2. If the value in the "asset" or "liability" section of the balance sheet submitted/to be submitted in the annex of the tax declaration for a completed year is higher than TRY 25 million, the registration obligation will begin.

One of the two conditions must be met for VERBIS registration obligation to begin for data controllers located in Turkey. The data controllers shall closely monitor whether these conditions are met or not in the following years too.

Data controllers, who are not obliged to registration, but later become obliged to registration must register to VERBIS within 30 days of the date they meet one of these conditions.

What should be done for VERBIS Registration?

In brief and primarily, the following must be done for VERBIS registration:

  • A clear, updated, and accurate data processing inventory shall be prepared as to include information related to the purpose of data processing, data category, the data recipients, and the maximum time period required for the purpose of processing, data to be transferred abroad and measures to be taken for data security.
  • Data controllers located outside Turkey shall appoint a local data controller representative in Turkey. You may contact us any time for more information about our services to provide local representation for our clients with respect to the registration obligation.
  • Data controllers located in Turkey and data controller representatives shall determine a real contact person in order to complete their registration purposes. The contact person shall be a Turkish citizen and resident in Turkey as well. A contact person appointed for one data controller located in Turkey cannot be determined as a contact person for other Turkish resident data controllers. This restriction is not applicable for data controllers located outside Turkey.

Keeping Inventories and VERBIS Forms Updated

In the current situation, all data controllers are required to keep their personal data processing inventories updated, and data controllers who have completed their VERBIS registration before the previous deadline also need to re-evaluate the information sunmitted to VERBIS within the scope of updates they will make in their inventories.

Keeping the inventory and the information submitted to VERBIS updated is very crucial and every new data processing should be reflected in the company’s inventory and updated in VERBIS if it has been registered to VERBIS before. The registration of new data processing periods must also be completed within 30 days from the beginning of the relevant data processing.

Increasing Sanctions

In case that a data controller subject to VERBIS registration obligation fails to comply with this obligation and to reflect the updated data processing to the VERBIS form, an administrative fine for 2022 between TRY 53,572 and 2,678,863 may be imposed against the relevant data controller. Since the revaluation rate has been determined as 122.93% for 2022, administrative fines will increase at this rate in 2023 and will be between minumum TRY 65,856 and TRY 3,293,126.

The higher is the value of total assets shown in the financial statements of the data controllers who fails to comply with their obligations fines, the closer to the upper limit the sanction amount will be as a result of the algorithm used by the Board to determine the amount of fines to be imposed.

Suggestions

We suggest that all data controllers located abroad and processing the personal data of persons located in Turkey and all data controllers in Turkey who exceed the thresholds for the number of employees and the total balance sheet should take action as soon as possible to get registered with VERBIS. Especially, we would like to emphasize that the thresholds do not apply for foreign data controllers and these data controllers are subject to this obligation regardless of the number of employees and balance sheet totals.

If you have any questions and need our any assistance, you may contact us any time.

Special thanks to Yasemen Öner for her contributions.

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This study has assimilated knowledge and insight from business and subject-matter experts, and from a broad spectrum of market initiatives. Building on this research, the objectives of this market research report is to provide actionable intelligence on opportunities alongside the market size of various segments, as well as fact-based information on key factors influencing the market- growth drivers, industry-specific challenges and other critical issues in terms of detailed analysis and impact.

The report in its entirety provides a comprehensive overview of the current global condition, as well as notable opportunities and challenges. The analysis reflects market size, latest trends, growth drivers, threats, opportunities, as well as key market segments. The study addresses market dynamics in several geographic segments along with market analysis for the current market environment and future scenario over the forecast period. The report also segments the market into various categories based on the product, end user, application, type, and region.
The report also studies various growth drivers and restraints impacting the  market, plus a comprehensive market and vendor landscape in addition to a SWOT analysis of the key players.  This analysis also examines the competitive landscape within each market. Market factors are assessed by examining barriers to entry and market opportunities. Strategies adopted by key players including recent developments, new product launches, merger and acquisitions, and other insightful updates are provided.

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We leverage extensive primary research, our contact database, knowledge of companies and industry relationships, patent and academic journal searches, and Institutes and University associate links to frame a strong visibility in the markets and technologies we cover.

We draw on available data sources and methods to profile developments. We use computerised data mining methods and analytical techniques, including cluster and regression modelling, to identify patterns from publicly available online information on enterprise web sites.
Historical, qualitative and quantitative information is obtained principally from confidential and proprietary sources, professional network, annual reports, investor relationship presentations, and expert interviews, about key factors, such as recent trends in industry performance and identify factors underlying those trends - drivers, restraints, opportunities, and challenges influencing the growth of the market, for both, the supply and demand sides.
In addition to our own desk research, various secondary sources, such as Hoovers, Dun & Bradstreet, Bloomberg BusinessWeek, Statista, are referred to identify key players in the industry, supply chain and market size, percentage shares, splits, and breakdowns into segments and subsegments with respect to individual growth trends, prospects, and contribution to the total market.

Research Portfolio Sources:

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  • Dun & Bradstreet: Country Reports, Country Riskline Reports, Economic Indicators 5yr Forecast, and Industry Reports

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Forecast methodology

The future outlook “forecast” is based on a set of statistical methods such as regression analysis, industry specific drivers as well as analyst evaluations, as well as analysis of the trends that influence economic outcomes and business decision making.
The Global Economic Model is covering the political environment, the macroeconomic environment, market opportunities, policy towards free enterprise and competition, policy towards foreign investment, foreign trade and exchange controls, taxes, financing, the labour market and infrastructure. We aim update our market forecast to include the latest market developments and trends.

Forecasts, Data modelling and indicator normalisation

Review of independent forecasts for the main macroeconomic variables by the following organizations provide a holistic overview of the range of alternative opinions:

  • Cambridge Econometrics (CE)

  • The Centre for Economic and Business Research (CEBR)

  • Experian Economics (EE)

  • Oxford Economics (OE)

As a result, the reported forecasts derive from different forecasters and may not represent the view of any one forecaster over the whole of the forecast period. These projections provide an indication of what is, in our view most likely to happen, not what it will definitely happen.

Short- and medium-term forecasts are based on a “demand-side” forecasting framework, under the assumption that supply adjusts to meet demand either directly through changes in output or through the depletion of inventories.
Long-term projections rely on a supply-side framework, in which output is determined by the availability of labour and capital equipment and the growth in productivity.
Long-term growth prospects, are impacted by factors including the workforce capabilities, the openness of the economy to trade, the legal framework, fiscal policy, the degree of government regulation.

Direct contribution to GDP
The method for calculating the direct contribution of an industry to GDP, is to measure its ‘gross value added’ (GVA); that is, to calculate the difference between the industry’s total pre­tax revenue and its total bought­in costs (costs excluding wages and salaries).

Forecasts of GDP growth: GDP = CN+IN+GS+NEX

GDP growth estimates take into account:

  • Consumption, expressed as a function of income, wealth, prices and interest rates;

  • Investment as a function of the return on capital and changes in capacity utilization; Government spending as a function of intervention initiatives and state of the economy;

  • Net exports as a function of global economic conditions.

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Market Quantification
All relevant markets are quantified utilizing revenue figures for the forecast period. The Compound Annual Growth Rate (CAGR) within each segment is used to measure growth and to extrapolate data when figures are not publicly available.

Revenues

Our market segments reflect major categories and subcategories of the global market, followed by an analysis of statistical data covering national spending and international trade relations and patterns. Market values reflect revenues paid by the final customer / end user to vendors and service providers either directly or through distribution channels, excluding VAT. Local currencies are converted to USD using the yearly average exchange rates of local currencies to the USD for the respective year as provided by the IMF World Economic Outlook Database.

Industry Life Cycle Market Phase

Market phase is determined using factors in the Industry Life Cycle model. The adapted market phase definitions are as follows:

  • Nascent: New market need not yet determined; growth begins increasing toward end of cycle

  • Growth: Growth trajectory picks up; high growth rates

  • Mature: Typically fewer firms than growth phase, as dominant solutions continue to capture the majority of market share and market consolidation occurs, displaying lower growth rates that are typically on par with the general economy

  • Decline: Further market consolidation, rapidly declining growth rates

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The Global Economic Model
The Global Economic Model brings together macroeconomic and sectoral forecasts for quantifying the key relationships.

The model is a hybrid statistical model that uses macroeconomic variables and inter-industry linkages to forecast sectoral output. The model is used to forecast not just output, but prices, wages, employment and investment. The principal variables driving the industry model are the components of final demand, which directly or indirectly determine the demand facing each industry. However, other macroeconomic assumptions — in particular exchange rates, as well as world commodity prices — also enter into the equation, as well as other industry specific factors that have been or are expected to impact.

  • Vector Auto Regression (VAR) statistical models capturing the linear interdependencies among multiple time series, are best used for short-term forecasting, whereby shocks to demand will generate economic cycles that can be influenced by fiscal and monetary policy.

  • Dynamic-Stochastic Equilibrium (DSE) models replicate the behaviour of the economy by analyzing the interaction of economic variables, whereby output is determined by supply side factors, such as investment, demographics, labour participation and productivity.

  • Dynamic Econometric Error Correction (DEEC) modelling combines VAR and DSE models by estimating the speed at which a dependent variable returns to its equilibrium after a shock, as well as assessing the impact of a company, industry, new technology, regulation, or market change. DEEC modelling is best suited for forecasting.

Forecasts of GDP growth per capita based on these factors can then be combined with demographic projections to give forecasts for overall GDP growth.
Wherever possible, publicly available data from official sources are used for the latest available year. Qualitative indicators are normalised (on the basis of: Normalised x = (x - Min(x)) / (Max(x) - Min(x)) where Min(x) and Max(x) are, the lowest and highest values for any given indicator respectively) and then aggregated across categories to enable an overall comparison. The normalised value is then transformed into a positive number on a scale of 0 to 100. The weighting assigned to each indicator can be changed to reflect different assumptions about their relative importance.

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The principal explanatory variable in each industry’s output equation is the Total Demand variable, encompassing exogenous macroeconomic assumptions, consumer spending and investment, and intermediate demand for goods and services by sectors of the economy for use as inputs in the production of their own goods and services.

Elasticities
Elasticity measures the response of one economic variable to a change in another economic variable, whether the good or service is demanded as an input into a final product or whether it is the final product, and provides insight into the proportional impact of different economic actions and policy decisions.
Demand elasticities measure the change in the quantity demanded of a particular good or service as a result of changes to other economic variables, such as its own price, the price of competing or complementary goods and services, income levels, taxes.
Demand elasticities can be influenced by several factors. Each of these factors, along with the specific characteristics of the product, will interact to determine its overall responsiveness of demand to changes in prices and incomes.
The individual characteristics of a good or service will have an impact, but there are also a number of general factors that will typically affect the sensitivity of demand, such as the availability of substitutes, whereby the elasticity is typically higher the greater the number of available substitutes, as consumers can easily switch between different products.
The degree of necessity. Luxury products and habit forming ones, typically have a higher elasticity.
Proportion of the budget consumed by the item. Products that consume a large portion of the consumer’s budget tend to have greater elasticity.
Elasticities tend to be greater over the long run because consumers have more time to adjust their behaviour.
Finally, if the product or service is an input into a final product then the price elasticity will depend on the price elasticity of the final product, its cost share in the production costs, and the availability of substitutes for that good or service.

Prices
Prices are also forecast using an input-output framework. Input costs have two components; labour costs are driven by wages, while intermediate costs are computed as an input-output weighted aggregate of input sectors’ prices. Employment is a function of output and real sectoral wages, that are forecast as a function of whole economy growth in wages. Investment is forecast as a function of output and aggregate level business investment.

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