Do AI Applications Comply with KVKK? Legal Risks and Measures

Artificial intelligence and KVKK compliance

AI applications are now central to data processing. However, this brings new legal risks for KVKK compliance. As of 2025, obligations for both technical and ethical oversight of “data-driven” systems are increasing.

Summary: AI systems analyse personal data and use it for prediction, classification and decision-making. This brings them directly within the scope of KVKK. What risks do companies face when processing this data?

1. AI and KVKK: the legal framework

With its 2025 updates, Law No. 6698 on the Protection of Personal Data (KVKK) introduced a clear oversight framework for automated decision-making systems and algorithmic processes. AI-based applications must now meet these requirements:

• Personal data processing must be based on "legitimate interest" or "explicit consent",
• Model outputs must be auditable.
• The "decision process" should be open to human supervision.

“AI makes decisions, but humans remain responsible.”

2. AI Act and KVKK: overlapping regulations

The European Union’s forthcoming AI Act classifies AI based on risk. Considered alongside KVKK, the following points stand out:

Topic	KVKK	AI Act
Legal Basis	explicit consent / legitimate interest	Permission for use according to risk category
Auditability	Data processing records	Algorithm explainability (XAI)
Responsibility	Data controller	AI provider and developer
Penalty	Administrative fine of up to TRY 1 million	Up to €40 million or 7% of global turnover

“The AI Act is like KVKK reaching into the future: it calls for transparent, measurable, traceable systems.”

3. Areas of legal risk

• Data minimisation breaches: AI systems collecting more data than necessary.
• Profiling and discrimination: unfair classification with algorithmic bias.
• Anonymisation errors: AI models making data traceable back to individuals.
• Data transfer risks: Issues with international data transfers in cloud-based models.

B10 warning: AI systems that are not designed with privacy in mind pose risks to both KVKK compliance and reputation. Digital trust requires transparency in communication as well as technical compliance.

“Ethical design is AI’s strongest firewall.”

4. Six steps companies should take towards compliance

Step	Action	Objective
1	Include AI systems in data processing inventory	Auditability
2	Conduct privacy tests during model development	Privacy by Design
3	Create an anonymization + minimization policy	Compliance with KVKK Article 4
4	Add human approval to algorithmic decision-making processes	Ethical audit
5	Label AI training data	Transparency and bias reduction
6	Use SCC/DPA for international data transfers	Data security

5. B10 Digital Agency’s approach

B10 considers KVKK and AI Act standards together within its “Data Ethics & Digital Compliance” framework. It audits data privacy in your applications from technical, legal and operational perspectives, and builds a secure AI ecosystem through tests of algorithmic neutrality.

Bring your AI projects into compliance with KVKK. B10 Digital Agency supports you with data security consulting, AI audits and compliance reporting.

Request AI compliance consulting Can AI output also count as personal data?

Yes. If an AI system can identify a person directly or indirectly, for example through profiling or prediction, its output counts as personal data under KVKK.

How should AI training data be anonymised?

Data must be made untraceable, with name and identity fields permanently deleted. Pseudonymisation is not enough; full anonymisation is required.

Is a KVKK audit mandatory for AI projects?

It is not mandatory yet, but the 2025 KVKK changes will classify automated decision systems as “high-risk data processing”. This makes an audit effectively mandatory.

Tags: artificial intelligence • KVKK compliance guide • data security • AI Act • digital compliance • B10 Digital Agency