Abstract:

Personal data can be processed within the framework of a contract concluded between a natural person who is a data subject and the counterparty of the contract, who is the data controller. These data are generally processed for the establishment or the performance of the contracts. Similarly, the need to process and/or protect personal data may also arise in cases of contracts with foreign elements. Therefore, claims that personal data are processed in violation of contracts between the parties, or the personal data processed under the contract between the parties are not protected, may be the subject of an action before the Turkish courts. At this stage, Turkish courts should first determine the law to be applied to these disputes arising out of contracts in accordance with the provisions of the Code on Private International Law and International Civil Law no. 5718 (CPIL). The main purpose of this study is to explain the relationship between processing and/or protection of personal data, which have not yet been examined within the framework of contracts containing foreign elements in Turkish private international law and Turkish conflict of laws rules in general terms. In this respect, this study addresses the issue of determining which law is to be applied to contractual responsibility arising from processing or non-protection of personal data in violation of contracts containing foreign elements in accordance with the provisions of CPIL.

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