Regulation on Processing of Land Registry and Cadastre Data and Transactions Held in Electronic Environment has been Published
The Regulation on Processing of Land Registry and Cadastre Data and Transactions Held in Electronic Environment (“The Regulation”) regulating the procedure and principles regarding the process of the data in the Central Database of the General Directorate of Land Registry (“General Directorate”) and the transactions held in electronic environment entered into force through publication in the Official Gazette dated 08.06.2022 and numbered 31860.
The Land Registry Cadastre Sharing System (“TAKPAS”) is a service/system that consists of Web Land Registry or other interfaces determined by the General Directorate and allows the data kept in the central database to be shared with institutions and individuals.
Pursuant to the Regulation, in order for individuals and institutions (“Recipient”) to benefit from TAKPAS, an access protocol with the General Directorate that is prepared in accordance with the Personal Data Protection Law numbered 6698 (“PDPL”) and related secondary legislation or an electronic acceptance declaration is mandatory. In addition to the protocol, Recipients are required to submit a security undertaking showing that they have provided all necessary administrative and technical measures to ensure the appropriate level of security. Obligations in Article 12 of the PDPL regarding data security shall be complied with. For special categories of personal data, measures determined by the Personal Data Protection Board in accordance with Article 6/4 of the PDPL shall also be taken.
The Recipient can access to the real estate information, limited to the purpose and legal reasons indicated during the application and cannot use this data for any other purpose other than the fulfillment of the activity for which the intended use is defined. The data shared with the Recipients cannot be made available to other institutions, organizations and other persons, without the written permission of the General Directorate except for the transactions to be carried out by the parties within the scope of their duties and activities. In addition, it is regulated that the restrictions and rules in Article 9 of the PDPL will be followed in terms of transferring these data abroad. The Recipient has to destroy the accessed data after the intended use of the land registry and cadastral has ended.
The Regulation also stipulates the power of the General Directorate to prevent access to data, in cases where the right of access to data is abused and the provisions of the protocol are not fulfilled. In addition, the General Directorate can unilaterally terminate the protocol if the Recipient does not take security and administrative measures.
Apart from all, it is foreseen that attorneys, in connection with their duties, can query real estate information through TAKPAS interfaces or internet services as a sub-user of the Union of Turkish Bar Association.
You may find the full text of the Regulation here in Turkish.
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