Hukukcum.nl

Privacy Policy and KVKK Notice

Last updated: «TO BE COMPLETED: publication date»

This notice explains how your personal data is processed when you visit the hukukcum.nl website, contact us and use our legal services. It has been prepared in accordance with Article 10 of the Turkish Personal Data Protection Law No. 6698 (“KVKK”) and Articles 13 and 14 of the EU General Data Protection Regulation (“GDPR”, known in the Netherlands as the AVG).

1. Data controller

The data controller for your personal data is:

Av. Bahadır Partlak
Address: Mehmet Akfan Sok. No: 57/3, Koşuyolu, Kadıköy, Istanbul, Turkey
Email: [email protected]
Phone: +31 6 2885 5633 (Netherlands), +90 532 591 01 29 and +90 505 877 69 68 (Turkey)

No data protection officer (DPO) has been appointed. «TO BE COMPLETED: name and contact details if appointed»

2. What personal data do we process?

  • Identity and contact details: name, email address, phone/WhatsApp number, country of residence.
  • Request details: the legal matter, description of events and documents you share in the contact form or correspondence.
  • Information in the context of a client relationship: Turkish identity number or passport details, power of attorney, address, family, inheritance, title deed, tax and financial information and other information required by the case.
  • Special categories of personal data: depending on your legal matter, data such as health information, information on criminal convictions and security measures, or religion. We process such data only when necessary for your request. Unless necessary, we ask you not to share such information in your first contact.
  • Technical data: the IP address, browser information, date and time recorded in server logs when you visit the site.

3. Purposes and legal bases

  • Responding to your request and holding an initial consultation: KVKK Art. 5/2-c (establishing a contract); GDPR Art. 6(1)(b) (pre-contractual steps).
  • Providing legal advice, litigation and representation: KVKK Art. 5/2-c and 5/2-e (establishing, exercising or protecting a right); GDPR Art. 6(1)(b) and 6(1)(f).
  • Complying with legal obligations (legislation on the legal profession, tax and accounting records, requests from competent authorities): KVKK Art. 5/2-ç; GDPR Art. 6(1)(c).
  • Processing special categories of data: KVKK Art. 6/3-e (necessary for establishing, exercising or protecting a right) and, where this is not sufficient, your explicit consent (Art. 6/2); GDPR Art. 9(2)(f) (establishment, exercise or defence of legal claims) and, where necessary, Art. 9(2)(a). Data on criminal convictions is processed within the framework of GDPR Art. 10 and the Dutch GDPR Implementation Act (UAVG).
  • Ensuring the security and operation of the site: KVKK Art. 5/2-f (legitimate interest); GDPR Art. 6(1)(f).
  • Cookies: necessary cookies are based on our legitimate interest, other cookies on your consent. For details, see the Cookie Policy.

4. How do we collect data?

We collect your data directly from you through the contact form, email, phone, WhatsApp and meetings; where your case requires it, from official sources such as courts, enforcement offices, land registry and civil registry offices and UYAP, and from opposing parties; and automatically (server logs) when you visit the site.

5. Who do we share data with?

  • Courts, enforcement offices, land registry offices, notaries, consulates and other public authorities handling your case;
  • Where necessary for your case, experts, sworn translators, mediators and other lawyers we work with;
  • Our service providers: hosting «TO BE COMPLETED: hosting provider and server country», email (Google, Gmail), messaging (WhatsApp, Meta) «TO BE COMPLETED: other software used»;
  • Public authorities legally entitled to request it.

We do not sell your data to third parties or share it for marketing purposes.

6. International transfers

Because our service is provided between the Netherlands and Turkey, your data is transferred between these two countries. In addition, the servers of our email and messaging providers may be located outside the European Economic Area and Turkey (e.g. in the USA).

  • From the Netherlands/EU to Turkey: There is no EU adequacy decision for Turkey. Transfers are based on GDPR Art. 49(1)(b) and 49(1)(e) to the extent necessary for the performance of the contract with you and for the establishment, exercise or defence of legal claims, and otherwise on appropriate safeguards under GDPR Art. 46 (standard contractual clauses).
  • From Turkey to other countries: Transfers are made with the appropriate safeguards provided for in KVKK Art. 9 (e.g. standard contracts notified to the Board) or, in incidental cases, under Art. 9/6, with your explicit consent where necessary.
  • To the USA: «TO BE COMPLETED: transfer basis for Google and Meta, e.g. EU-US Data Privacy Framework and/or standard contractual clauses; to be verified»

7. Retention periods

  • Contact form requests that do not lead to a client relationship: from the last correspondence «TO BE COMPLETED: period, e.g. 1 year»;
  • Client files: 10 years from the closing of the file;
  • Invoices and accounting records: 5 to 10 years in Turkey under the Tax Procedure Law and the Turkish Commercial Code;
  • Server logs: «TO BE COMPLETED: period, e.g. 30 days».

When the period expires, your data is deleted, destroyed or anonymised.

8. Your rights

Under KVKK Art. 11, you have the right to learn whether your personal data is processed, to request information if it is, to learn the purpose of processing and whether it is used accordingly, to know the third parties in Turkey or abroad to which it is transferred, to request correction if it is incomplete or incorrect, to request deletion or destruction under KVKK Art. 7, to request that these actions be notified to third parties to whom the data was transferred, to object to a result to your detriment arising from analysis exclusively by automated systems, and to claim compensation if you suffer damage due to unlawful processing.

Under the GDPR, you also have the right to access, rectify and erase your data (right to be forgotten), to request restriction of processing, to data portability, to object to processing based on legitimate interest, and to withdraw your consent at any time. Withdrawing consent does not affect the lawfulness of processing carried out before the withdrawal.

Because of lawyers’ duty of confidentiality and ongoing proceedings, these rights may be restricted to the extent permitted by law.

You can submit your requests by the methods described on the KVKK Request Form page. We respond to your request within 30 days at the latest and, as a rule, free of charge.

9. Right to lodge a complaint

In Turkey, if your request is rejected, you find the response inadequate or no response is given in time, you can lodge a complaint with the Personal Data Protection Board (kvkk.gov.tr). In the Netherlands, you can always lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, autoriteitpersoonsgegevens.nl) or the data protection authority of the EU country where you live.

10. Are you required to provide data?

Providing personal data to us is not a legal requirement. However, you need to share the necessary information so that we can assess your request and provide legal services. No automated decision-making or profiling takes place.

11. Security and confidentiality

We take appropriate technical and organisational measures, such as encrypted connections (SSL) and access controls, to protect your data against unauthorised access, loss and misuse. Our lawyers are bound by professional secrecy under Article 36 of the Turkish Attorneys Act No. 1136.

12. Changes

We may update this notice in line with changes in legislation or our services. The current version is always published on this page.