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Data Protection Regulations in Korea: A Summary of Key Points
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Appointment of a Data Protection Officer (DPO)
The appointment of a DPO is a crucial aspect of data protection regulations in Korea. Here are the key points to note:
- Mandatory Appointment: Every data controller must appoint a DPO.
- Small Business Exemption: Small businesses may designate their owner or legal representative as the DPO.
- Consequences of Non-Compliance: Failure to appoint a DPO can result in an administrative fine of up to KRW 10 million (around USD 7,500).
- Increased Risk: The lack of a DPO can aggravate risks of a finding of inadequate data protection measures.
Responsibilities of the Data Protection Officer
The DPO plays a vital role in ensuring the effective implementation of data protection regulations. Here are their key responsibilities:
- Preparation and Implementation of Personal Data Protection Plan: Prepare and implement the company’s personal data protection plan.
- Supervision and Inspection: Supervise and inspect personal data processing and security to ensure compliance with regulations.
- Operate Practices, Internal Controls, and Systems: Operate practices, internal controls, and systems to prevent data breaches and ensure data protection.
- Internal Training: Provide internal training on data protection policies and procedures.
- Response to Incidents and Complaints: Respond promptly to incidents and complaints related to personal data.