Description

EU Commission decision on adequacy of the South Korean data protection regime

The EU Commission ruled that the Republic of Korea provides an adequate level of data protection corresponding to EU standards, following the European Data Protection Board opinion on the issue. As a result, data transfers from the EU to Korean data controllers and processors can take place without needing any additional authorisation. The EU Commission scrutinized the Korean data protection regime composed of the Personal Information Protection Act (PIPA), the Act on the Use and Protection of Credit Information, the Communications Privacy Protection Act and certain sector regulations. Further, the Korean Government provides additional safeguards on transparency and data transfer requirements and the enforceability of rights by the Korean Courts and Personal Information Protection Commission (PIPC). Following this review, the Commission concluded that the oversight mechanisms and the redress instruments provided by the Republic of Korea allow to identify and punish data protection infringements and thus Korea ensures an adequate level of protection. The Commission will evaluate the Korean data protection framework three years after the decision and subsequently at least every four years. On these occasions, the Commission may decide to suspend or repeal the decision of adequacy.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2021-03-30
under deliberation

Joint Statement by EU and South Korea on adequacy discussions is published, emphasizing successful …

2021-06-16
under deliberation

The European Commission started the process for the adoption of the adequacy decision for the trans…

2021-09-24
under deliberation

Following the launch of the formal process of the adequacy decision regarding the Republic of Korea…

2021-12-17
adopted

The EU Commission ruled that the Republic of Korea provides an adequate level of data protection co…

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