Database

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KOREA

Since 2009, as amended in July 2020

Pillar Cross-border data policies  |  Indicator 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.
Coverage Financial services

KOREA

Since March 2015

Pillar Cross-border data policies  |  Indicator 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

KOREA

Since August 2005, entry into force in March 2006, as amended in January 2023
Since November 2022, entry into force in January 2023

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 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

KOREA

Since March 2011, last amended in March 2023

Pillar Domestic data policies  |  Indicator 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  |  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.
Coverage Telecommunications services

KOREA

Since December 1984, last amended in June 2022

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Business Act (전기통신사업법)
The Telecommunications Business Act regulates licenses for network equipment and creates rules for the fair use of telecom facilities. Per Art. 8, foreign corporations cannot operate facilities-based telecom business in the country. Foreign ownership is allowed only up to 49% of the stock.
Coverage Telecommunications sector

KOREA

Since December 1984, last amended in June 2022

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Telecommunications Business Act (전기통신사업법)
Under the Telecommunications Business Act, telecommunications businesses are divided into two categories: namely, facilities-based telecommunications services (FTS) and value-added telecommunications services (VATS). FTS refers to businesses that install telecommunications line equipment and facilities and provide telecom services. VATS are online services using the FTS network, such as cloud computing services, email, e-commerce platforms, and internet search engines. Since 2009, the Act has prohibited foreigners from owning more than 49% of the stock of a telecom enterprise when it comes to FTS (Art. 8).
Coverage Telecommunications sector

KOREA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of functional separation
Korea does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in certain cases: According to the Telecommunications Business Act, accounting is mandated for facilities-based telecommunications business operators who possess telecommunication service equipment and whose telecommunications service turnover of the preceding year exceeds 30 billion won (approx. 22.5 million USD), and for facilities-based telecommunications business operators who do not possess telecommunication service equipment and whose telecommunications service turnover of the preceding year exceeds 80 billion won (approx. 60.2 million USD).
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

KOREA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Korea Communications Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

KOREA

Since December 1984, last amended in June 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Telecommunications Business Act (전기통신사업법)
Under Art. 18, the Telecommunications Business Act 2010, foreign investors must obtain authorisation for acquisitions or mergers of facilities-based telecommunications services providers.
Coverage Telecommunications services

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

KOREA

Since January 2009, last amended in July 2011

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Internet Multimedia Broadcasting Services Act (IPTV; 인터넷 멀티미디어 방송사업법)
In order to provide Internet multimedia broadcasting services, approval of the Broadcasting and the Communication Committee is required under the Internet Multimedia Broadcasting Business Act. This regime under Art. 4 has been in place since 2008.
Coverage Media services

KOREA

Since January 2005

Pillar Cross-border data policies  |  Indicator 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 January 1962
Since March 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Commercial Act (상법)

Enforcement Decree of Foreign Exchange Transactions Act
Commercial presence is not required to provide cross-border services under the Commercial Act and the Enforcement Decree of Foreign Exchange Transactions Act. However, it is reported that "Korea prohibits foreign satellite service providers from selling services (e.g., transmission capacity) directly to end-users without going through a company established in Korea. Given existing investment restrictions, this prohibition significantly restricts the ability of foreign satellite service suppliers to compete in the Korean market".
Coverage Satellite services

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