Regulation Finder/South Korea

South Korea

Comprehensive

Personal Information Protection Act (PIPA)

Authority: Personal Information Protection Commission (PIPC) | Enforcement: Active | Enacted: September 2011

Overview

South Korea's PIPA is one of the strictest data protection laws in Asia. The 2023 amendments enhanced cross-border transfer rules and introduced data portability. South Korea has EU adequacy status. Enforcement is active with significant penalties.

14-Topic Coverage

Data Protection Authority

Fully Addressed

PIPC is the independent supervisory authority with strong enforcement powers.

Data Subject Rights

Fully Addressed

Rights to access, correction, deletion, suspension, and data portability (2023 amendment).

Cross-Border Transfer

Fully Addressed

Adequacy, consent, SCCs, or BCRs. 2023 amendments modernised transfer framework. EU adequacy mutual recognition.

Breach Notification

Fully Addressed

Must notify PIPC and affected individuals within 72 hours of discovery.

DPO Requirements

Fully Addressed

Chief Privacy Officer (CPO) required for all personal information processors above certain thresholds.

Children's Data

Fully Addressed

Consent of legal guardian required for children under 14.

Penalties & Enforcement

Fully Addressed

Up to 3% of related revenue. Criminal penalties. Active enforcement with significant fines.

Sector-Specific Rules

Fully Addressed

Credit Information Act, Network Act provisions, health data regulations.

AI & Automated Decisions

Partially Addressed

Right to reject automated decisions. AI governance framework under development.

Data Localisation

Partially Addressed

Financial and certain government data must be stored locally.

Significant Data Fiduciary

Not Addressed

No direct equivalent but thresholds trigger enhanced obligations.

Government Data

Fully Addressed

PIPA applies to government. Separate provisions for public institutions.