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Data Protection Regulations in South Korea: A Concise Guide

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South Korea has implemented a comprehensive set of regulations to protect personal data. This guide provides an overview of the key aspects of data protection regulations in South Korea, including registration/notification, appointment of a Data Protection Officer (DPO), and responsibilities.

Registration/Notification

The registration/notification process is mandatory for data controllers and processors. Key points to note are:

Registration Requirements

  • The type of personal data processed is the only specific information required for registration/notification.
  • No prior approval from the data protection regulator is needed, but the submission will be reviewed for potential concerns related to data security.

Online Submission

  • Documents can be submitted online.
  • A publicly available list of completed registrations/notifications exists, although it may not be up-to-date.

Registration Frequency and Timeframe

The registration/notification process has an indefinite validity period but requires updates upon significant changes to the business. The typical registration/notification process takes several weeks or months to complete.

Appointment of Data Protection Officer (DPO)

The appointment of a DPO is mandatory for data controllers. Failure to do so may result in an administrative fine and aggravation of risks related to inadequate data protection measures.

Qualifications for DPO

  • A DPO need not be resident in Korea but must have technical qualifications, including experience in data protection or information technology.
  • The specific requirements for a DPO’s qualifications are not detailed in the available public information.

Responsibilities of Data Protection Officer (DPO)

The DPO is responsible for preparing and implementing the company’s personal data protection plan and supervising and inspecting its personal data processing and security.

Note

These guidelines are based on available public information and may not reflect the most up-to-date or nuanced requirements of South Korea’s data protection regulations. It is recommended to consult with a legal expert for more accurate and detailed information.