KOREA
Since March 2004, as amended in March 2016, last amended in June 2022
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Notice of Import Customs Clearance for Express Goods (특송물품 수입통관 사무처리에 관한 고시)
According to Art. 8 of the Notice of Import Customs Clearance for Express Goods, as amended in 2016 to increase the value of the de minimis rule, the de minimis threshold, meaning the minimum value of goods below which customs do not charge duties, is USD 150, which is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This threshold applies to goods for personal consumption and samples not exceeding USD 150, with an exception for trade with the U.S. and Puerto Rico, where the threshold is USD 200 as per the Korea-US FTA, allowing these goods to be exempt from taxes and duties collected by customs.
Coverage Horizontal
Sources
- https://www.law.go.kr/LSW//admRulLsInfoP.do?chrClsCd=&admRulSeq=2100000195023
- https://www.customs.go.kr/kcs/cm/cntnts/cntntsView.do?mi=2821&cntntsId=819
- https://www.law.go.kr/LSW//admRulInfoP.do?admRulSeq=67682
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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KOREA
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Domain Name Management Rules
According to Art. 4 of the Domain Name Management Rules set forth by the Korea Internet & Security Agency (KISA), domain name registrants must have a postal address of their place of residence in Korea. In addition, it is reported that a Copy of Company registration in Korea with proof of company address in both English and Korean languages is required for registration and that a Korean-based administrative contact is mandatory.
Coverage Horizontal
KOREA
Since September 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Act on Promotion of Information and Communications Network Utilization and Information Protection etc (정보통신망 이용촉진 및 정보보호 등에 관한 법률)
According to Art. 32 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, foreign IT service providers without an office in Korea are required to appoint a local agent responsible for ensuring compliance with data privacy regulations.
Coverage IT services
KOREA
Since March 2002, last amended in June 2012
Since December 1992, last amended in December 2021
Since January 1990, last amended in December 2022
Since December 1992, last amended in December 2021
Since January 1990, last amended in December 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Act on the Consumer Protection in Electronic Commerce Transactions etc. - Act No. 10303 (전자상거래 등에서의 소비자보호에 관한 법률)
Regulation of Terms and Conditions Act (계정된 약관의 규제에 관한 법률)
Fair Trade Act (공정거래법)
Regulation of Terms and Conditions Act (계정된 약관의 규제에 관한 법률)
Fair Trade Act (공정거래법)
The Act on Consumer Protection in Electronic Commerce Transactions provides a comprehensive framework for consumer protection that also applies to online transactions. In addition, it is reported that for business-to-business transactions, the Regulation of Terms and Conditions Act and the Fair Trade Act are the main frameworks applied.
Coverage Horizontal
Sources
- https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=225097&ancYd=20201229&ancNo=17799&efYd=20211230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=225063&ancYd=20201229&ancNo=17799&efYd=20211230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=224973&ancYd=20201229&ancNo=17799&efYd=20221230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=kr
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KOREA
Since November 1987, as amended in December 2009, last amended in December 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Act on the Promotion of Newspapers, Etc. (신문 등의 진흥에 관한 법률)
Under Art. 13 of the Act on the Promotion of Newspapers, a person who is not a national of Korea shall not be qualified as a publisher or editor of an online newspaper or as a news article layout manager of an online news service. This requirement has been in place since 2009.
Coverage Online newspapers
KOREA
Since January 2005
Pillar Content access |
Sub-pillar 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
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KOREA
Since March 2011, last amended in March 2023
Pillar Cross-border data policies |
Sub-pillar 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
Since 2009, as amended in July 2020
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Credit Information Use and Protection Act (신용정보법)
According to Art. 32 of the Credit Information Act, the credit information provider/user should obtain the prior consent of the customer in writing or by other reliable means each time it provides to a third party or uses personal credit information (including any personally identifiable information) of a customer. When the credit information provider/user obtains consent to the provision (i.e. sharing) and utilisation of personal credit information, it should notify the customer of: the recipient of the information; the purpose of provision; the content of information; the duration of maintenance; and use by the recipient. Furthermore, a separate explanation to the customer is required with respect to the mandatory items of personal data that must be provided for the provision of the services and other optional items of personal data, and consent must be obtained. In such cases, as to the mandatory items, the credit information provider/user must explain their relevance to the service provision. Art. 32 requires the credit information provider/user to notify the customer that they may opt not to consent to the provision of any optional data that may be collected.
The Act established that financial institutions are required to obtain consent of individuals only if the use of personal information "conflict[s] with the original purpose of the collection." Thus, under this regime, a financial institution may "entrust" personal information to a third party but may not "supply" it. Supplying and entrusting are terms of art under the Act. "Supplying" means transferring personal information for the transferee's own purpose, whereas "entrusting" means transferring personal information to a third party to help carry out the purpose of the original data collection.
The Act established that financial institutions are required to obtain consent of individuals only if the use of personal information "conflict[s] with the original purpose of the collection." Thus, under this regime, a financial institution may "entrust" personal information to a third party but may not "supply" it. Supplying and entrusting are terms of art under the Act. "Supplying" means transferring personal information for the transferee's own purpose, whereas "entrusting" means transferring personal information to a third party to help carry out the purpose of the original data collection.
Coverage Financial services
Sources
- https://web.archive.org/web/20210505220910/https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%8B%A0%EC%9A%A9%EC%A0%95%EB%B3%B4%EC%9D%98%20%EC%9D%B4%EC%9A%A9%20%EB%B0%8F%20%EB%B3%B4%ED%98%B8%EC%97%90%20%EA%B...
- https://web.archive.org/web/20231129015750/https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=46276&type=part&key=23
- https://web.archive.org/web/20240629185411/https://www.lexology.com/library/detail.aspx?g=0b7bb83a-0b93-4f64-b3d0-552aedbf3c07
- https://www.dataguidance.com/notes/south-korea-data-transfers
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KOREA
Since March 2015
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Act on the Development of Cloud Computing and Protection of Its Users (클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률)
Per Art. 27 of Act on the Development of Cloud Computing and Protection of Its Users, generally, "no cloud computing service provider shall provide any user information to a third party or use user information for any purpose other than for the purpose of providing services, without the relevant user's consent." This conditional flow regime has been in place since 2015.
Coverage Clouding services
Sources
- https://web.archive.org/web/20230329123156/https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%ED%81%B4%EB%9D%BC%EC%9A%B0%EB%93%9C%EC%BB%B4%ED%93%A8%ED%8C%85%20%EB%B0%9C%EC%A0%84%20%EB%B0%8F%20%EC%9D%B4%EC%9A%A...
- https://web.archive.org/web/20240527160513/https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=35630&type=part&key=43
KOREA
Since August 2005, entry into force in March 2006, as amended in January 2023
Since November 2022, entry into force in January 2023
Since November 2022, entry into force in January 2023
Pillar Cross-border data policies |
Sub-pillar 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 Partnership Agreement between the Government of the Republic of Korea and the Government of the Republic of Singapore
Digital Partnership Agreement between the Government of the Republic of Korea and the Government of the Republic of Singapore
Korea has entered into an agreement entailing 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 between the two governments, stipulates 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230726165828/https://www.fta.go.kr//webmodule/_PSD_FTA/ksdpa/1/DPA_eng.pdf
- 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
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KOREA
Since March 2011, last amended in March 2023
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Personal Information Protection Act No. 10465 (개인정보 보호법)
The Personal Information Protection Act, which was enacted in 2011 and recently amended in 2020, provides a comprehensive framework for data protection in Korea.
Coverage Horizontal
KOREA
Since 1994
Pillar Domestic data policies |
Sub-pillar 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 2009, last amended in July 2020
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Credit Information Use and Protection Act (신용정보법)
Under Art. 20 of the Credit Information Use and Protection Act, credit information companies are required to maintain the following information for three years:
- the name and address of the customer and the entity whom the personal information was provided to or exchanged with,
- the details of the work scope requested by the customer and the data thereof, and
- the processing details of the requested work scope and the date and details of the credit information provided.
Furthermore, Art. 20-2 provides that all credit information be deleted by the date that is the earlier of five years from the termination of the financial transaction and three months from the date on which the purpose for collecting and providing personal information has been achieved.
- the name and address of the customer and the entity whom the personal information was provided to or exchanged with,
- the details of the work scope requested by the customer and the data thereof, and
- the processing details of the requested work scope and the date and details of the credit information provided.
Furthermore, Art. 20-2 provides that all credit information be deleted by the date that is the earlier of five years from the termination of the financial transaction and three months from the date on which the purpose for collecting and providing personal information has been achieved.
Coverage Financial services
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%8B%A0%EC%9A%A9%EC%A0%95%EB%B3%B4%EC%9D%98%20%EC%9D%B4%EC%9A%A9%20%EB%B0%8F%20%EB%B3%B4%ED%98%B8%EC%97%90%20%EA%B4%80%ED%95%9C%20%EB%B2%95%EB%A5%A0
- https://web.archive.org/web/20231011202734/https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=46276&type=part&key=23
- https://web.archive.org/web/20230602054349/https://www.lexology.com/library/detail.aspx?g=f05a7920-2842-4ad7-a9e8-e5c864675dc5
- Show more...
KOREA
Since 2006
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Enforcement Decree of Electronic Financial Transactions Act (전자금융거래법 시행령)
Enforcement Decree of the Electronic Financial Transactions Act provides under Art. 12 that a subsidiary electronic financial company, such as a payment gateway system that records and transmits electronic transaction information, must keep the records for at least three years. This affects not only payment gateway service providers but also electronic commerce firms that utilise the services. This retention period requirement has been in place since its enactment in 2006.
Coverage Payment gateway services
KOREA
Since March 2011, last amended in March 2023
Pillar Domestic data policies |
Sub-pillar 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