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.
- Korea prepares itself for Big Data-driven 4th Industrial Revolution: Korean Data Protection Laws Revised
- Merit System Protection Board Appeal Lawyers in Korea
- Google Korea Faces New Lawsuit over Data-sharing Concerns: New Technology Company Challenges in Korea
- Korea’s Cyber Defamation Law: Basics of Libel and Slander in Korea
- Korean Intellectual Property Protection Strategies in Korea: Trademark Law Korea
- Korea Government Filed a Complaint with WTO Over Japan’s Export Restrictions on Korea
- Amendment to Korea’s Intellectual Property Registration System: Korea IP Law Updates
- Should I Cancel my Business Trip to Korea because of MERS?
- Korean Criminal Law: Double Jeopardy in Courts in Korea
- South Korean Act on International Judicial Mutual Assistance in Civil Matters: Obtaining Evidence via Korean Courts and the Korean Government for use in Proceedings Abroad