Digital Compliance and Regulation in 2026: KVKK, the AI Act and Data Governance

In 2026, digital compliance involves more than updating KVKK notices. Data protection practice in Türkiye, international data transfers, AI systems, employee data and EU AI Act obligations must be assessed alongside companies’ technical and operational processes.

The central requirement of the 2026 digital compliance agenda is that legal documents must match actual system behaviour.

1. KVKK principle decisions in 2026

The Personal Data Protection Board issued new principle decisions in 2026 that directly affected implementation.

Privacy notices and explicit consent must be separate

Principle Decision No. 2026/347 of 18.02.2026 made clear that privacy notices and explicit consent statements must not be combined.

The duty to inform does not mean asking the data subject for permission. Where explicit consent is necessary, it must be obtained through a separate procedure.

Biometric attendance tracking

Under Principle Decision No. 2026/921 of 29.04.2026, processing biometric data solely to track working hours was significantly restricted under the Law’s provisions on special categories of personal data and proportionality.

The Board subsequently stated that processing biometric data solely to monitor employee attendance would fail the proportionality test even with valid explicit consent.

2. International data transfers

The international data transfer framework introduced by Article 9 of the KVKK, amended in 2024, remains an important part of corporate compliance in 2026.

Standard contracts are one form of appropriate safeguard.

Under the law, within 5 business days after signing the standard contract, the Personal Data Protection Authority must be notified.

3. SaaS and cloud use

Purchasing a SaaS product does not remove the need to assess data transfers.

For CRM, analytics, email, project management, cloud and AI services, identify:

which personal data is processed,
which countries process the data,
the data controller and processor roles,
the appropriate transfer mechanism

These aspects must be determined.

4. EU AI Act 2026

The EU AI Act became broadly applicable on 2 August 2026. Some obligations applied earlier, while certain high-risk provisions apply at later dates.

When using AI, companies must assess their role and use case, rather than asking only whether they use AI.

5. AI transparency obligations

Article 50 of the AI Act sets transparency obligations for certain AI systems.

These may include:

informing people that they are interacting with an AI system,
marking certain AI-generated or manipulated content in a machine-detectable format,
disclosure requirements for deepfakes

These obligations may apply.

6. AI Act and KVKK compliance are separate processes

Even if an AI system complies with the AI Act, processing personal data may require a separate KVKK assessment or, where applicable, a GDPR assessment.

AI risk classification and the legal basis for processing personal data are separate checks.

7. Employee Data

The 2026 biometric attendance decision calls for a particular review of employee data processes.

Companies must assess the following:

fingerprint,
facial recognition,
palm prints or vein patterns,
employee location data

For high-impact processing such as this, companies must assess purpose, necessity and proportionality.

8. Data Security and Access Authorizations

Compliance is more than legal documents.

Role-based access, logging, MFA, data minimisation and user offboarding are technical and organisational safeguards.

2026 digital compliance checklist

Are privacy information and explicit consent procedures separate?
Is data inventory compatible with real systems?
Have international data flows been mapped?
Are standard contract notifications made within 5 business days?
Have biometric employee processes been reviewed?
Is there an inventory of AI systems?
Have the AI Act’s scope and the company’s roles been assessed?
Have AI transparency requirements been checked?
Are SaaS and cloud providers included in the inventory?
Are technical access controls compatible with legal documents?

The B10 approach

B10 Digital Agency treats digital compliance as more than writing policies and notices. It assesses data flows, systems, SaaS, AI, access and technical security controls within a single compliance architecture.

Official reference framework

This guide was prepared with reference to Law No. 6698, KVKK Principle Decisions Nos. 2026/347 and 2026/921, current rules on transfers of data abroad and the European Union AI Act’s implementation timetable for 2026.

Conclusion

In 2026, the core digital compliance challenge is the gap between legal documents and actual technology operations, rather than missing documents. Effective compliance must be managed alongside data inventories, technical controls, supplier management and employee processes.

This content is for general informational purposes. Concrete obligations should also be assessed according to the company's activities, data flows, and applicable legislation.