The Fair Trade Commission of Korea (“KFTC”) implemented in April 2018 rules governing the review of digital evidence in investigations of businesses at the KFTC. The rules are entitled the Regulations on Collection, Analysis and Management of Digital Evidence (“Digital Forensic Evidence Review Rules”). The rules have changed the manner of executing investigations at the KFTC in cases where the KFTC perceives a need for a detailed forensic audit.
As of 2017, the KFTC has engaged in digital investigations via a division named the “Digital Investigation and Analysis Division.” This Division hired technical computer staff that is assisting in investigations. This Digital Investigation and Analysis Division has engaged in aggressive gathering of forensic evidence from companies.
The key aspect of the Regulations on Collection, Analysis and Management of Digital Evidence is to put in place procedures for the handling, storage, collection, security, disposal and processing of digital evidence in order to increase transparency, efficiency and to preserve the evidentiary value of the evidence for potential future civil and criminal proceedings.
Additionally, the Digital Forensic Evidence Review Rules mandates, in all but the most exceptional of cases, for trade secrets to be preserved and for investigations to take place with the participation of a company representative.
We have seen numerous companies ill prepared for forensic reviews by Korean government agencies. We, highly, advise having a complete audit of your data processing and document retention systems in place to determine if you are in compliance with Korean Law.
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