Database

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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.
Coverage Financial services

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

KOREA

Since January 1957, last amended in December 2022
Since September 2018

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Copyright Act (저작권법)

Act on Promotion of Information and Communications Network Utilization and Information Protection etc (정보통신망 이용촉진 및 정보보호 등에 관한 법률)
The Copyright Act, since its 2006 amendment, has established a safe harbour regime for intermediaries, exempting Internet Service Providers (ISPs) from liability for copyright infringement when acting as mere conduits, caching, hosting, or searching information (Art. 102). ISPs are also not liable for users' infringing acts if it is technically impossible for them to take preventive measures. Additionally, Art. 122-2 of the Act led to the creation of the Korean Copyright Protection Agency (KCOPA) in 2016, which, under Art. 133-3, is empowered to investigate networks for illegal reproductions and apply corrective measures such as issuing warnings, suppressing or suspending transmissions, and suspending repeat infringers' accounts. KCOPA can also request the blocking of access to foreign websites involved in copyright infringement, as per Art. 44-7 of the Law on the Promotion of the Use of Information and Communications Networks and Information Protection.
Coverage Internet host services

KOREA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Korea's law and jurisprudence.
Coverage Internet intermediaries

KOREA

Since December 2018

Pillar Cross-border data policies  |  Sub-pillar 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

KOREA

Since January 2005

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Act on the Protection, Use, etc. of Location Information (Act No. 7372 of 27 January 2005) (위치정보의보호및이용등에관한법률)
Per Art. 5 of the Act on the Protection, Use, Etc. of Location Information, any person who intends to engage in location information business shall obtain permission from the Korea Communications Commission. Even if permitted to do such business, location information providers or location-based service providers cannot collect the location information of individuals without the individual's consent under Art. 18. These restrictions have been in place since 2005.
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

KOREA

Since December 2023

Pillar Cross-border data policies  |  Sub-pillar Infrastructure requirement
Ministry of Health and Welfare Notice No. 2023-245 - Standards for facilities and equipment necessary for management and preservation of electronic medical records ( 보건복지부고시 제2023-245호 - 전자의무기록의 관리·보존에 필요한 시설과 장비에 관한 기준)
In accordance with Art. 7 of the Ministry of Health and Welfare Notice No. 2023-245 on the Standards for Facilities and Equipment for Managing and Storing Hospital-Generated Electronic Medical Records, cloud servers storing patient electronic medical records created by hospitals must be situated in South Korea. Additionally, Art. 9 mandates that the Ministry of Health and Welfare shall issue an official notification every three years outlining the requirements for servers, including backup servers, used to store these records. Currently, these servers must be physically located in South Korea, and accessing medical records from outside the country is prohibited.
Coverage Health sector

KOREA

Since January 1990, last amended in April 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Law (법령/특허법)
The Patent Law, enacted in 1990, does not include provisions that discriminate based on the nationality of a patent applicant. However, under Art. 25, non-resident foreigners can only obtain patents if their home countries provide reciprocal treatment to Korean nationals or if a treaty or convention with Korea exists, following the reciprocity principle. Additionally, Art. 5 stipulates that individuals without a domicile or place of business in Korea cannot initiate patent-related procedures or file legal proceedings against administrative decisions unless represented by a patent attorney or agent based in Korea. Finally, Art. 201 requires patent applications to include a Korean translation of key documents, such as the abstract, description of the invention, claims, and titles of drawings, among others.
Coverage Horizontal

KOREA

Since January 2023

Pillar Cross-border data policies  |  Sub-pillar Infrastructure requirement
Cloud Security Assurance Program
In January 2023, the Korean Ministry of Science and Technology Information and Communication issued a notice of implementation and adopted an amendment to the Cloud Security Assurance Program (CSAP). Under the amendment, it is reported that, to obtain CSAP certification from the Korea Internet and Security Agency (KISA), a service provider’s cloud computing infrastructure, associated data, backup systems, as well as management and operational personnel, must all be located within Korea.
Coverage Cloud-computing sector

KOREA

Since August 1984

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Korea is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

KOREA

Since June 2014

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Act on the Establishment, Management of Spatial Data (공간정보의 구축 및 관리 등에 관한 법률)
Art. 16 of Act on the Establishment, Management of Spatial Data provides that geographical data related to maps or photos produced for the purpose of a survey cannot be transferred abroad except with the permission of the Minister of Land, Infrastructure and Transport. This provision has been in place since 2014.
Coverage Location-based services

KOREA

Since January 1957, last amended in December 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright Act (저작권법)
Korea has a clear regime of copyright exceptions that follows the fair use model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 35.5 of the Korean Copyright Act lists the exceptions, which include any use that does not conflict with the general method of use of the copyrighted work and which unfairly infringes the legitimate interests of the author. To determine whether an act of use of a copyrighted work falls under the fair use model, the following issues are considered: the purpose and nature of the use; the types and uses of copyrighted works; the proportion and importance of the part used in the whole work; and the impact of the use of the work on the market or current value or market or potential value of the work.
Coverage Horizontal

KOREA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Inadequate online copyright enforcement
It is reported that the rapid advancement of digital technologies has led to a rise in online copyright infringement. One prevalent issue in Korea is stream-ripping, a practice where specialised software is used to create unauthorised copies of copyrighted content from licensed streaming platforms. As a result, stream-ripping has become a major form of music piracy, causing significant economic harm to music creators and undermining legitimate online services.
Coverage Music streaming

KOREA

Since March 2004, entry into force in June 2004

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Korea has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

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