Occasional Transfer

Also known as: Exceptional Transfer, Derogation, Arızi Aktarım

In short

An exceptional route for transfers abroad, available only where there is no adequacy decision or appropriate safeguard, for transfers that are not regular, fall outside the normal course of business and take place once or a few times.

An occasional transfer is an exceptional route for cross-border data transfers under Article 9(6) of the KVKK. Where neither an adequacy decision nor an appropriate safeguard such as standard contractual clauses is available, only occasional transfers may be made, and only in the limited cases listed in the Law.

What Does “Occasional” Mean?

Under the Regulation on the Procedures and Principles for the Transfer of Personal Data Abroad, an occasional transfer is one that is not regular, takes place only once or a few times, is not continuous and falls outside the normal course of business. Using a cloud service abroad, regular reporting to a group company or a constant flow of data to a call centre abroad is not occasional; these transfers require an appropriate safeguard.

When Can It Be Used?

An occasional transfer may be made provided one of the following applies:

The data subject gives explicit consent to the transfer, having been informed of the possible risks,
The transfer is necessary for the performance of a contract between the data subject and the controller, or for pre-contractual measures taken at the data subject’s request,
The transfer is necessary for the conclusion or performance of a contract between the controller and another person in the interest of the data subject,
The transfer is necessary for an overriding public interest,
The transfer is necessary for the establishment, exercise or protection of a right,
The transfer is necessary to protect the life or physical integrity of a person unable to give consent,
The transfer is made from a public register in accordance with the conditions in the relevant legislation.

Examples

Sharing the health information of an employee injured abroad with the hospital treating them, making a one-off booking at a hotel abroad at a customer’s request, or submitting evidence in proceedings abroad are typical occasional transfers.

Before the 2024 amendment, explicit consent was widely used for regular transfers too. Today, consent is an option only for occasional transfers; continuing to base regular transfers on old consent forms breaches the KVKK.

Frequently Asked Questions

Is sending a booking to a hotel abroad for a customer an occasional transfer?

If it is a one-off transfer necessary for performing the contract with the customer, it may be assessed as an occasional transfer. If data is shared regularly with the same hotel chain, however, it is no longer occasional and an appropriate safeguard is required.

Do occasional transfers have to be notified to the Authority?

There is no notification obligation as there is for standard contractual clauses. However, the occasional nature of the transfer and the ground relied on should be documented so that they can be shown in any review.

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