KVKK Obligations for E-Commerce Websites

⏱️ Reading time: 15 min · 📁 Category: KVKK & Digital Compliance

KVKK Obligations for E-Commerce Websites (Detailed Practical Guide, 2026)

E-commerce websites are among the highest-risk data controllers under KVKK.
They process many types of personal data simultaneously, including customer data, payment and delivery details, marketing data, cookies
and behavioural data.

For e-commerce owners, managers, marketing teams, developers and legal/compliance teams, this guide provides a roadmap that is
defensible in an audit and covers legal and operational matters.

1️⃣ Are E-Commerce Sites Subject to KVKK? 🔑 Clear answer: Yes. Definitely.
E-commerce sites collect, process, store and pass on personal data to third parties.
They are therefore subject to KVKK as data controllers. 2️⃣ Personal Data Processed on E-Commerce Websites

• Name, surname
• Phone number, email address
• Delivery and billing addresses
• Order and shopping history
• IP address
• Cookie and device data
• Campaign and marketing responses

All these items constitute personal data and are subject to KVKK.

3️⃣ Basic KVKK Requirements for E-Commerce Sites

The following obligations are mandatory rather than optional.

4️⃣ Duty to Inform (KVKK Art. 10)

The privacy notice must be clearly presented and accessible in the following places:

• On the registration screen
• When placing an order
• In the cookie banner

Clear presentation and accessibility are required.

Mandatory elements in the privacy notice:

• The identity of the data controller
• Types of data processed
• Processing purposes and legal reasons
• Data transfers
• Data subject rights

❌ “The KVKK notice is in the footer” → is insufficient
❌ Hidden or hard-to-access text → a violation

5️⃣ Explicit Consent Requirement (A Frequent Source of Errors) ✅ Cases where explicit consent IS required:

• Marketing emails
• SMS campaigns
• Personalised advertising
• Advertising and tracking cookies
• Remarketing

❌ Cases where explicit consent is NOT required:

• Delivery of order
• Issuing invoices
• Shipping and transaction notifications

📌 Most frequent violations:
The approach “you placed an order, so we sent you advertising emails” is unlawful. 6️⃣ Cookie Management and Consent Mode v2

Cookie management on e-commerce sites is a high risk area.

🔹 Strictly necessary cookies:

• Session and basket cookies

🔹 Cookies requiring explicit consent:

• Google Analytics
• Advertising and remarketing cookies
• Behavioral analysis tools

Requirements as of 2026:

• Consent Mode v2 compliance
• Cookies must not run before consent
• A “Reject” button must be available

❌ “By continuing, you are deemed to have accepted” → unlawful

7️⃣ Data Transfer to Third Parties

E-commerce sites frequently transfer personal data to:

• Shipping companies
• Payment infrastructures
• Marketing agencies
• CRM and email services

According to the KVKK:

• Transfers must be clearly disclosed in the privacy notice
• Transfers must be limited to the purpose
• Unnecessary data cannot be transferred

8️⃣ Cross-Border Data Transfers (The Most Dangerous Area)

Because of cloud servers, foreign CRMs and advertising platforms,
many e-commerce websites actually carry out cross-border data transfers.

Requirements:

• Explicit consent or fulfilment of the transfer conditions under KVKK
• Disclosure of the transfer in the privacy notice

❌ “The server is abroad, but that is fine” → incorrect

9️⃣ VERBIS Registration Obligation

In most cases, e-commerce sites must register with VERBIS.
The number of employees, financial balance sheet and activity are evaluated together.

The data categories, retention periods and transfers entered in VERBİS must be accurate and up to date.

🔟 Data Security (KVKK m.12)

E-commerce sites are obliged to take technical and administrative measures:

• SSL and secure communication
• Authorization and access controls
• Logging
• Encryption
• Penetration and security testing

📌 Important: Claiming “there was a cyberattack” does not, by itself, remove responsibility. 1️⃣1️⃣ Marketing after an Order (The Most Frequently Penalised Scenario)

Incorrect: Sending advertising emails automatically after an order ❌
Correct: Obtain separate explicit consent for marketing ✅

1️⃣2️⃣ Retention Periods (Example)

Data Type	Storage Time
Order / invoice	10 years
Membership account	As long as the account is active
Marketing data	While consent remains valid
Cookie data	Limited to purpose

Data whose retention period has expired must be deleted or anonymised.

1️⃣3️⃣ The Most Common KVKK Violations (E-Commerce)

• Marketing without explicit consent
• Running cookies before consent
• Concealing cross-border transfers
• Not updating VERBIS
• Ignoring deletion and objection requests

1️⃣4️⃣ The KVKK Board’s Approach to E-Commerce (2026)

The Board views e-commerce websites as high-risk data controllers.
In particular, high administrative fines are imposed against marketing, cookies and advertising violations.

1️⃣5️⃣ KVKK Compliance Checklist

• ✔ privacy notice
• ✔ explicit consent mechanism
• ✔️ Cookie banner + Consent Mode v2
• ✔ VERBIS registration
• ✔ Data security measures
• ✔ Overseas transfer analysis
• ✔️ Retention and destruction policy

🧠 Expert Conclusion

For e-commerce websites, KVKK is a direct business risk rather than mere paperwork.
A well-designed approach reduces the risk of penalties and increases customer trust;
a poorly designed approach leads to administrative fines, reputational loss and declining sales performance.

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