This is certainly a toughening of Korea’s framework data protection law. Not only will fines have more bite, but it will be far easier to show a company to be in violation of the act. The amendment even goes so far as to eliminate a provision requiring evidence of deliberate negligence to enforce a revenue-based fine. Businesses will be held liable for a data breach with or without proven fault on their part.
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. He has, recently, been ranked as one of only two non-Korean attorneys as a Top Attorney working in Korea by AsiaLaw.
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