The
presentation of the explicit consent and the privacy notice in an intertwined
manner is among the most common complaints and reports submitted to the
Personal Data Protection Authority (KVKK). By their nature, the obligations of
explicit consent and the information obligation are distinct concepts. The
obligation to provide information, as set out under Article 10 of the Personal
Data Protection Law Nr. 6698, fundamentally means informing the data subjects
whose personal data is being processed. Explicit consent, on the other hand, is
one of the legal bases stipulated by the Law for the lawful processing of
personal data.
Following
the new regulation, the explicit consent and the information obligation must be
structured as follows:
When the processing of personal data is carried out based on the explicit consent requirement, the information obligation and the explicit consent form must be prepared separately and presented to the data subjects. Even if both texts appear on a single page, the declarations to be provided by the data subjects are of different nature. Therefore, each text must be placed separately—one above the other—and separate declarations must be obtained for each.
Source: https://www.resmigazete.gov.tr/eskiler/2026/03/20260324-3.pdf
