SSS · Cross-Border Data Transfers

Can we amend the KVKK standard contract for a transfer abroad?

As a rule, no. The protective core of the standard contract — the text as announced by the Board, and the safeguards inside it — has to be preserved. Where you rely on the standard contract…

Updated · July 20261 min readCategory · Cross-Border Data Transfers
Short answer

The essence of the text must be preserved; deviating from the content announced by the Board makes the validity of the safeguard questionable. Commercial annexes are handled in a separate agreement.

As a rule, no. The protective core of the standard contract — the text as announced by the Board, and the safeguards inside it — has to be preserved. Where you rely on the standard contract as your appropriate safeguard for a transfer abroad under the Personal Data Protection Law (No. 6698), it has to be used with the content the Board has determined, and the signed contract has to be notified to the Authority within five business days. That notification is not an afterthought; it is part of what makes the safeguard valid.

Departing from the protective provisions, or watering them down, puts the legal basis of the whole transfer in question and creates exposure to an administrative sanction. What you can do is deal with the commercial and operational terms that do not conflict with the standard text — price, service levels, additional technical measures — in a separate agreement or in annexes. The workable method is the same every time: leave the protective core exactly as it is, move the commercial negotiation into its own document, and make the notification on time.

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This content is for general information only and does not constitute legal advice. Please contact our team for an assessment of your specific circumstances.
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Cross-Border Data Transfers

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