Contribution to Lexology: “Q&A: the data protection legal framework in South Korea”

Dentons Lee has published a Q&A article with Lexology titled "Q&A: the data protection legal framework in South Korea."

The article introduces the role and powers of the Personal Information Protection Commission (PIPC), South Korea's independent central administrative authority responsible for overseeing personal date protection. It explains the PIPC's principal investigative and enforcement powers, including requiring the submission of reports and relevant materials, conducting on-site inspections, issuing corrective orders, and imposing administrative surcharges and fines.

It also examines the potential administrative sanctions and criminal penalties that may arise from breaches of the Personal Information Protection Act (PIPA), as well as the distinct statutory duties applicable to personal information processors and entrusted processors handling data on their behalf.

In addition, the article outlines the broad application of PIPA across both public and private entities and discusses sector-specific legislation that may also apply to areas such as electronic marketing, interception of communications, location information, financial and credit information, healthcare data, and electronic financial transactions.

Furthermore, the contribution explains the extraterritorial reach of PIPA, noting that the law may apply to foreign businesses in certain circumstances-such as when they provide goods or services to individuals in Korea or when their processing activities have a direct and material impact on data subjects in Korea.

Overall, the article provides comprehensive and practical guidance on South Korea's personal information protection authority, the statutory scope of PIPA, enforcement risks, and key sector-specific legislation.

The contribution was co-authored by Arthur J. Choy, Sungsok Yang, Eunjee Kim, and Sung-Eun Ahn of Dentons Lee.

Read the full article at the link below: Q&A: the data protection legal framework in South Korea - Lexology

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