KOREA
Since January 2005
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Act on the Protection, Use, etc. of Location Information (Act No. 7372 of 27 January 2005) (위치정보의보호및이용등에관한법률)
Per Art. 5 of the Location Information Use and Protection Act, any person who intends to engage in location information business shall obtain permission from the Korea Communications Commission. According to Art. 18 of the Act, even if permitted to do such business, location information providers or location-based service providers cannot collect location information of individuals without individuals' consent. It is reported that, although a supplier may export location information once acquiring a permit, Korea has never approved such a permit despite numerous applications by foreign suppliers over the past decade.
Coverage Location-based services
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%9C%84%EC%B9%98%EC%A0%95%EB%B3%B4%EC%9D%98%EB%B3%B4%ED%98%B8%EB%B0%8F%EC%9D%B4%EC%9A%A9%EB%93%B1%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0
- https://elaw.klri.re.kr/eng_service/lawView.do?hseq=43349&lang=ENG
- https://web.archive.org/web/20240407155542/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20250826091802/https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
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KOREA
Since 2008, last amended in 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Internet Multimedia Broadcasting Business Act (인터넷 멀티미디어 방송사업법)
The licensing requirements for Internet multimedia broadcasting are prescribed in Arts. 4 and 18 of the Internet Multimedia Broadcasting Business Act. The term “Internet multimedia broadcasting” refers to a form of broadcasting that provides a variety of content, including data, images, voice, audio signals and electronic commerce services, as well as real-time broadcast programmes, to users through television receivers. This service is delivered by means of a bidirectional Internet protocol operating over a broadband integrated services digital network, which ensures consistency in the quality of service.
Coverage Internet multimedia broadcasting
KOREA
Since March 2011, last amended in 2025
Pillar Cross-border data policies |
Indicator Conditional flow regime
Personal Information Protection Act No. 10465 (개인정보 보호법)
Art. 28-8 of the Personal Information Protection Act prohibits any transfer of personal information overseas by a personal information manager unless it is in any of the following cases: (i) where a separate consent for overseas transfer has been obtained from the data subject; (ii) where there exist special provisions in a statute, a treaty or other international conventions to which the Republic of Korea is a party; or (iii) where it is necessary to delegate the processing of, or retain, personal information in order to execute and perform a contract with a data subject, and the matters to be informed to the data subject when obtaining his/her consent to overseas transfer have been informed to the data subject or have been disclosed in the personal information manager privacy policy; (iv) where the recipient of personal information has obtained certification determined and publicly notified by the Personal Information Protection Commission (PIPC) and has implemented certain measures to protect personal information; or (v) where the PIPC has recognised that the country or the international organization to where the personal information is transferred has the personal information protection system, etc. that are substantially equal to the level of those under the Personal Information Protection Act. The personal information manager shall also take certain technical, managerial and physical protection measures.
Coverage Horizontal
KOREA
Signed in August 2005, entry into force in March 2006, as amended in January 2023
Signed in May 2024
Signed in May 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Free Trade Agreement between the Governnment of the Republic of Korea and the Government of the Republic of Singapore
Digital Economy Partnership Agreement ("DEPA") Between Singapore, Chile & New Zealand
Digital Economy Partnership Agreement ("DEPA") Between Singapore, Chile & New Zealand
Korea has undertaken binding commitments to facilitate cross-border data transfers. Art. 14.14 of the Free Trade Agreement between the Government of the Republic of Korea and the Government of the Republic of Singapore, as amended by the Digital Partnership Agreement of January 2023, establishes that neither party shall prohibit or restrict the transfer of information by electronic means, including personal data, where such transfers are necessary for the business operations of a covered person. In addition, in May 2024, Korea formally acceded to the Digital Economy Partnership Agreement (DEPA) between Singapore, Chile, and New Zealand, which includes a commitment to enable cross-border data flows under Art. 4.3(2).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20240522084207/https://www.fta.go.kr/webmodule/_PSD_FTA/sg/1/KSFTA.pdf
- https://web.archive.org/web/20230726165828/https://www.fta.go.kr//webmodule/_PSD_FTA/ksdpa/1/DPA_eng.pdf
- https://www.mti.gov.sg/Newsroom/Press-Releases/2024/05/Joint-Press-Release-on-the-successful-accession-of-the-Republic-of-Korea-to-the-Digital-Economy
- https://www.subrei.gob.cl/docs/default-source/default-document-library/depa-signing-text-11-june-2020-gmt.pdf?sfvrsn=43d86653_2
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KOREA
Since March 2011, last amended in 2025
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Information Protection Act No. 10465 (개인정보 보호법)
The Personal Information Protection Act provides a comprehensive framework for data protection in Korea.
Coverage Horizontal
KOREA
Since 1994
Pillar Domestic data policies |
Indicator Minimum period for data retention
Enforcement Decree of Protection of Communications Secrets Act (통신비밀보호법 시행령)
Per Art. 41 of the Enforcement Decree of Protection of Communications Secrets Act, telecoms or internet infrastructure operators should retain for 12 months the following:
- the date of the telecommunication, the commencement time and end time of the telecommunication, the communications number of outgoing and incoming calls, the frequency of use, and the location data for 12 months (six months in case of long-distance calls and local call services); and
- the log records of users and the location data for three months.
This requirement has been in place since the Act's enactment in 1994.
- the date of the telecommunication, the commencement time and end time of the telecommunication, the communications number of outgoing and incoming calls, the frequency of use, and the location data for 12 months (six months in case of long-distance calls and local call services); and
- the log records of users and the location data for three months.
This requirement has been in place since the Act's enactment in 1994.
Coverage Telecommunications services
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%ED%86%B5%EC%8B%A0%EB%B9%84%EB%B0%80%EB%B3%B4%ED%98%B8%EB%B2%95%20%EC%8B%9C%ED%96%89%EB%A0%B9
- https://web.archive.org/web/20220305191230/https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=33283&type=part&key=43
- https://web.archive.org/web/20211024082047/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/korea
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KOREA
Since March 2011, last amended in March 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection Act No. 10465 (개인정보 보호법)
Under the Personal Information Protection Act, data controllers must appoint a privacy officer who comprehensively takes charge of personal information processing (Art. 31). The requirement has been in place since its enactment in 2011.
Coverage Horizontal
KOREA
Since December 1961, entry into force in January 1962, last amended in March 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Unfair Competition Prevention and Trade Secret Protection Act (Act No. 911 of 30 December 1961, as amended up to Act No. 17727 of 22 December 2020) (부정경쟁방지 및 영업비밀보호에 관한 법률)
The Unfair Competition Prevention and Trade Secret Protection Act provides a framework for the effective protection of trade secrets. According to Art.1 of the Act, trade secrets are defined as "information, including a production method, sale method, useful technical or business information for business activity, that is not known publicly, is the subject of considerable effort to maintain its secrecy and has independent economic value. The law (chapter 2) contains provisions for the protection of trade secrets, such as an injunction against infringement, liability for damages, and restoration of reputation.
Coverage Horizontal
KOREA
Reported in 2018, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
There is an obligation for passive infrastructure sharing in Korea to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
KOREA
Since December 1983, as amended in 2010, last amended in 2025
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Business Act (전기통신사업법)
Art. 8.1 of the Telecommunications Business Act stipulates that foreign governments or foreign nationals may collectively hold no more than 49% of the total issued shares of a facilities‑based telecommunications business operator that satisfies the criteria prescribed by Presidential Decree regarding the type, installation area and other characteristics of telecommunications line equipment. Under Art. 2.11, a “facilities‑based telecommunications service” is a service that transmits or receives voice, data, images and similar content without altering their form or substance and leases telecommunications line equipment to enable such transmission or reception, including services such as telephony and Internet connectivity.
Coverage Facilities‑based telecommunications services
KOREA
Reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government holds an equity stake in the telecommunications firm KT Corporation, with the National Pension Service currently owning 7.77% of the company.
Coverage Telecommunications sector
KOREA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Korea does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
KOREA
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Korea has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc48.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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KOREA
Reported in 2018, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Korea has a telecommunications authority: the Korea Media and Communications Commission. However, it is reported that the decision making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
KOREA
Since December 2018
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Regulations on Electronic Financial Supervisory Regulations (전자금융감독규정)
The Electronic Financial Supervisory Regulations mandate that financial services using cloud services for credit information and unique identification details (such as resident registration numbers, driver’s licence numbers, passport numbers, and alien registration numbers) must process this data locally (Art. 14.2). Financial companies and electronic financial business operators are required to use cloud systems located in Korea to process personal credit information and unique identification information. This provision was inserted as part of an amendment in December of 2018.
Coverage Financial services
