In the public announcement published by the Personal Data Protection Authority (“Authority”) on January 13, 2025, the responsibilities of mediators regarding personal data processed during mediation activities were emphasized within the scope of Law No. 6698 on the Protection of Personal Data (“KVKK”).

In the announcement, the Authority clearly stated that mediators act as data controllers and are therefore subject to the obligations set out under KVKK. Accordingly, since the processing of personal data occurs during mediation activities, mediators, as data controllers, are required to fulfill the obligation to inform data subjects as stipulated under Article 10 of the KVKK.

The Authority also pointed out that the general information provided to parties at the beginning of the mediation process, pursuant to Article 11 of the Law on Mediation in Civil Disputes No. 6325, does not fulfill the obligation to inform as required under Article 10 of the KVKK. Therefore, it is not sufficient for mediators to provide only procedural information about the mediation process; they must also inform the parties through a separate data privacy notice specifically addressing personal data processing activities.

This obligation to inform requires that the data controller mediator must provide the data subjects (the parties, and if applicable, their representatives and attorneys) with information regarding:

·  the identity of the data controller mediator,

·  the purposes for which personal data will be processed,

·  the recipients and purposes of any data transfer,

·  the method and legal basis of data collection, and

·  the rights of the data subjects under Article 11 of the KVKK.

In conclusion, mediators must fulfill their obligations under KVKK whenever they process personal data in the course of their activities, and in particular, they must provide a separate, clear, and understandable data privacy notice that adequately informs the data subjects.

You can access the full announcement here: https://www.kvkk.gov.tr/Icerik/8151/-Arabuluculuk-Faaliyetleri-Kapsaminda-Aydinlatma-Yukumlulugunun-Yerine-Getirilmesine-Iliskin-Kamuoyu-Duyurusu-?fbclid=PAY2xjawHxqTpleHRuA2FlbQIxMQABpquNdY-g2DHwlx_TIYALADojmqQKp_qML-hCHRmD2fmcUR3PM4PWSguZcA_aem_mWssRNCx2uzIW8Dlz404ug