Explicit consent is one of the most critical concepts of KVKK. In order for it to be valid, three conditions are required. Imposing consent as a condition of purchase
Situations Substituting Explicit Consent
Explicit consent is not required in the following cases (KVKK art. 5/2):
- Explicit consent is not required in the following cases:
- Explicit consent is not required in the following cases: envisaged
- Protection of life (health)
- Establishment/performance of the contract
- Legal obligation
- Publicity
- Right establishment/defense
- Legitimate interest
Explicit Withdrawal of Consent
- Data owner can withdraw consent at any time
- Processing after withdrawal notification stops
- Previous processing remains valid
KVKK Board Decision
KVKK Board states in its consistent decisions that requiring "consent" for the continuation of the contract cripples the element of free will and will be deemed invalid.
Practical Recommendations
- Separate explicit consent and information
- Clear information on behalf of the "relevant person" give
- The withdrawal process should be easy
KVKK expert lawyer is recommended.