Database

Browse Database

KOREA

Since April 2006, as amended in July 2011

Pillar Intermediary liability  |  Indicator User identity requirement
Game Industry Promotion Act (게임산업진흥에 관한 법률)
Art. 12-3 of the Game Industry Promotion Act stipulates that a business entity engaged in the provision of game products, limited to persons who make such products accessible to the public through an information and communications network, is required to verify the real names and ages of users and to conduct self‑authentication procedures when users register as members.
Coverage Gaming sector

KOREA

Reported in 2021, last reported in 2025

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Korea imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

KOREA

Since December 1984, as amended in April 2015, last amended in June 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Telecommunications Business Act (전기통신사업법)
The amendment of the Telecommunications Business Act by Act No. 12761 on 15 October 2014 included Art. 22-3. According to Art. 22-3, value-added telecommunication service providers, encompassing all online hosts of applications and content, must implement technical measures as outlined in the Presidential Decree to counteract the dissemination of explicit materials.
Coverage Internet hosting services

KOREA

Reported in 2025

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Reported blocking of AI application
It is reported that, in February 2025, Korea’s data protection authority blocked downloads of the application developed by the Chinese artificial intelligence firm DeepSeek. The application is said to have become accessible again two months later, following changes to the company’s privacy practices. It is also reported that, in February 2025, multiple Korean ministries blocked access to DeepSeek within their own organisations due to security concerns.
Coverage DeepSeek

KOREA

Since November 1987, as amended in December 2009, last amended in December 2021

Pillar Content access  |  Indicator 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  |  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

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

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
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

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.
Coverage Telecommunications services

KOREA

Since December 2008, entry into force in March 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Korea has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
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

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