79 BANKING AND FINANCE LAW Article 4 of Law No. 6698 while sharing confidential information of real person customers. On the other hand, the domestic or cross-border transfer of the personal data with regard to health and sexual life are strictly prohibited even if such personal data are considered as customer secrets. Pursuant toArticle 6, in line withArticle 73/3 of the Law, data and information classified as customer secrets cannot be shared with third parties resident in Turkey or abroad, without a demand or instruction received from the customer, even if the customer’s explicit consent is taken pursuant to Law No. 6698, except for the cases and events exempted from the confidentiality obligation. Customer requests and instructions may be in written form or be received through data storage, provided that it could be proved. Furthermore, if interaction with bank, payment service provider, or payment or messaging systems is necessary due to the nature of the transaction, and disclosure of the customer secret is mandatory for the completion of the transaction, such as domestic/international fund transfers, international letter of credit, letter of guarantee and reference letter, initiation of the transaction or order entries through distribution channels of electronic banking services by the customer for transactions will constitute customer request or instruction. It is clear that especially this sub-Article will shed light on the applications of the banks. Information Sharing Committee Another change stipulated by the Regulation is the information sharing committee. Hereunder, the banks are obliged to establish an information sharing committee that will be responsible for coordinating the sharing of the confidential customer information and bank secret, and evaluating the appropriateness of the sharing requests. The Regulation also determines that this committee, as a minimum, shall consist of representatives of the business line, internal control unit, compliance unit, legal unit and related asset owners who request information sharing or from which information is requested. In addition, with the enactment of the Regulation, the details of the sharing information, including a copy of the confidentiality agreement
RkJQdWJsaXNoZXIy MjUzNjE=