The Personal Data Protection Board (“Board”) published an announcement (“Announcement”) on January 13, 2025, titled “Fulfilling the Obligation to Inform within the Scope of Mediation Activities.” This Announcement revisits the obligation of mediators to inform under the Personal Data Protection Law No. 6698 (“PDPL”) and explicitly emphasizes that the obligation to inform regarding personal data processing in mediation activities differs from the information obligation regulated under the Law on Mediation in Civil Disputes No. 6325 (“Mediation Law”).
Pursuant to Article 11 of the Mediation Law, mediators are required to inform the parties at the outset of the mediation process about the principles, procedures, and potential outcomes of mediation. However, the obligation to inform under Article 10 of the PDPL is an independent requirement imposed on data controllers concerning personal data processing. Accordingly, mediators, in addition to their obligation to inform as mediators, are also required, as data controllers, to inform parties at a minimum about the purposes of processing personal data, the recipients of such data, the methods and legal grounds for processing, and the rights of the data subjects as stipulated by PDPL.
The Board's Announcement highlights that these two distinct obligations must be fulfilled independently to ensure compliance with the law in processing personal data during mediation. Under PDPL, the obligation to inform must be fulfilled:
- At the time personal data is obtained,
- Or, if data is obtained from other sources, within a reasonable period,
- Or, if data is used to contact the data subject, at the time of the first communication,
- Or, if the data is transferred, at the latest, during the first transfer.
The burden of proof for fulfilling this obligation rests with the mediator as the data controller.
As stated in the Board’s Announcement dated January 13, 2025, the obligation to inform parties under the Mediation Law and the obligation to inform as a data controller under PDPL are separate and distinct responsibilities. These obligations differ both in terms of their content and the time at which they must be fulfilled. Therefore, fulfilling one obligation does not mean that the other obligation has also been satisfied.
In conclusion, mediators must carefully consider the requirements of both the Mediation Law and PDPL when structuring their processes for informing parties. To ensure lawful mediation practices, it is imperative that both obligations are fully and independently fulfilled.
You can access the Board’s related Announcement via this link (content available in Turkish only).