Data privacy law: A guide to South Korea’s PIPA regulation

Author: Priyasha Purkayastha, Global Content Manager, TJC Group

Privacy and protection of personal data have always been of paramount importance. Today, as the world inculcates artificial intelligence (AI) into its day-to-day life, with exposure of personal information, implementing stricter data privacy laws becomes even more essential. In line with the same, we bring you the regulation for data privacy in South Korea – PIPA. Read on to know more!

Introduction

In today’s digital landscape, data privacy remains a significant concern for organisations operating globally. South Korea, a technological powerhouse in Asia, has established one of the most stringent data protection regulations with a robust framework to maintaining the protection of personal data. For businesses managing data across borders, understanding South Korea’s approach to data privacy is essential for ensuring compliance and maintaining trust with Korean customers and partners.

In the past, TJC Group has given in-depth insights into several other privacy regulations, such as GDPR in the EU, DPDP in India, Loi 25 in Quebec, APPI in Japan, and so on – with the intent to keep our readers updated and informed. With this article, we aim the same and explore South Korea’s data privacy laws, their requirements, and how they compare to other international frameworks. Whether you are a multinational corporation or a business considering expansion into the Korean market, this guide will help you navigate the complex landscape of South Korea’s data privacy law.  

The evolution of data privacy law in South Korea

You’d be surprised to know that data protection in South Korea isn’t something of the recent times. In fact, South Korea’s journey toward comprehensive data protection began with the enactment of the Personal Information Protection Act (PIPA) in September 2011. Prior to this, data protection provisions were scattered across various sector-specific regulations, creating a fragmented approach to privacy.

PIPA represented a significant shift toward a more unified and robust data protection regulation framework. Since its implementation, the law has undergone several amendments to address emerging technologies. Of course, these are in alignment with international standards, strengthening the data privacy network and landscape for Korean citizens. Having said that, the most recent significant amendments in 2020 and 2023 have further enhanced the law’s scope and effectiveness; furthermore, establishing South Korea as a global leader in implementing data privacy laws.

The Personal Information Protection Act (PIPA): An overview

PIPA serves as the cornerstone of South Korea’s data privacy framework and is widely regarded as one of the most comprehensive privacy laws globally. The law applies broadly to both public and private establishments that process personal information, including:

• Government bodies and public institutions
• Private businesses of all sizes
• Non-profit organisations
• Foreign entities that process the personal information of South Korean residents

PIPA’s scope is deliberately wide, covering virtually all aspects of personal data processing. The data privacy law in South Korea is administered and enforced by the Personal Information Protection Commission (PIPC), which was established as an independent regulatory body with significant enforcement powers.

Key requirements and obligations under PIPA

Definition of personal information

PIPA defines personal information broadly as “information relating to a living individual that makes it possible to identify the individual by name, resident registration number, or image.” This includes:

• Direct identifiers (name, ID numbers, images)
• Indirect identifiers that can identify an individual when combined with other information
• Online identifiers such as IP addresses and device IDs
• Location data
• Biometric information

Consent requirements

One of PIPA’s most stringent aspects is its approach to consent. This data protection regulation generally requires explicit, informed consent for the collection and use of personal information. This consent must be:

• Freely given without coercion
• Specific to clearly defined purposes
• Informed, with detailed disclosures provided
• Unambiguous and affirmative

Notably, the 2024 amendment emphasises that companies may collect data without consent only when strictly necessary for contract performance, with no bundled or coercive terms permitted in privacy notices.

Data minimisation and purpose limitation

PIPA requires organisations to:

• Collect only the minimum amount of personal information necessary
• Use personal information only for the specified purposes for which it was collected
• Retain personal information only for the period necessary to fulfil those purposes

Security measures

In accordance with South Korea’s data privacy law, organisations must implement robust technical, administrative, and physical safeguards to protect personal information from unauthorised access, disclosure, alteration, or destruction. These include:

• Encryption for sensitive data
• Access controls and authentication procedures
• Regular security training for employees
• Periodic risk assessments and security audits

Chief Privacy Officer requirement

PIPA mandates that organisations meeting certain criteria must appoint a Chief Privacy Officer (CPO) responsible for data protection compliance. The CPO must have at least three years of experience in data protection regulations, reflecting the seriousness with which South Korea treats privacy governance.

Data privacy law in South Korea: The subject rights

PIPA grants comprehensive rights to individuals regarding their personal information:

Right to access and correction: Individuals can request access to their personal information and demand corrections if the information is inaccurate.

Right to deletion: Data subjects can request the deletion of their personal information when the purpose of collection has been fulfilled or when they withdraw consent.

Subject’s right to suspend processing: As per South Korea’s data privacy law, individuals can request that an organisation temporarily or permanently stop processing their personal information.

Right to data portability: From March 2025, individuals will have the right to request the transfer of their personal data to another service provider in a secure, machine-readable format. Organisations must implement mechanisms like encrypted downloads or APIs to facilitate this process.

Right to object to automated decision-making: The 2023 amendments in data privacy in South Korea expanded data subject rights to include the right to exclusion from automated decision-making, reflecting growing concerns about algorithmic decision processes.

Data protection regulations: Cross-border data transfers

PIPA imposes strict controls on international data transfers. Generally, personal information can only be transferred outside South Korea if:

• The data subject has provided specific consent for the overseas transfer
• The recipient country ensures an adequate level of protection
• The data controller has implemented appropriate safeguards (such as binding corporate rules or standard contractual clauses)
• These provisions make PIPA one of the most restrictive frameworks for cross-border data flows, requiring careful planning for multinational organisations.

Enforcement and penalties

The data privacy law, PIPA, levies significant consequences for non-compliance with its regulations and requirements, such as –

Administrative fines: Authorities can impose administrative fines of up to 3% of the relevant revenue for violations.

Corrective orders: The regulatory authorities can issue orders requiring organisations to correct violations, suspend data processing activities, or destroy improperly collected data.

Criminal sanctions: Serious violations, such as the unauthorised transfer of personal information for profit, can result in criminal penalties, including imprisonment and substantial fines.

Notification requirements: In the event of a data breach, organisations must notify affected individuals and regulatory bodies within 72 hours, with detailed information about the breach and remedial measures.

Data privacy law in South Korea: Amendments

South Korea continues to refine its data protection regulations framework to address emerging challenges. Some of the recent and upcoming updates are as follows –

2020 Amendment

Introduced concepts of pseudonymisation and anonymisation, easing restrictions on the use of non-identifiable data for research and statistical purposes.

2023 Amendment

• Streamlined dispute mediation procedures
• Unified standards for online and offline data processing
• Enhanced breach notification requirements
• Strengthened safety measures for public sector data processing

2025 Amendment

• Data portability rights became effective from March 13, 2025
• Foreign businesses operating in Korea must appoint a domestic representative for privacy matters by October 2, 2025
• Increased oversight of AI and automated decision-making systems

Comparison with other data privacy laws and frameworks

PIPA vs. GDPR

While PIPA and the EU’s General Data Protection Regulation (GDPR) share many similarities, including strong consent requirements and comprehensive data subject rights, they differ in several important aspects:

• PIPA typically requires more explicit and specific consent than GDPR
• GDPR’s legal bases for processing are broader than PIPA’s
• PIPA’s security requirements are more prescriptive than GDPR’s risk-based approach

PIPA vs. US privacy laws

Unlike the United States’ sectoral approach to data protection regulations, PIPA provides a comprehensive framework that applies across all industries. This creates a more consistent privacy environment in South Korea compared to the fragmented landscape in the US.

For example, the California Consumer Privacy Act (CCPA) allows data collection without prior consent, contrasting sharply with PIPA’s explicit consent requirement.

Conclusion

South Korea’s data privacy laws, centred around PIPA, represent one of the world’s most stringent and comprehensive approaches to data protection. With significant amendments coming into full effect in 2025, organisations must stay vigilant and proactive in their compliance efforts.

Key takeaways include

• PIPA applies to virtually all entities processing the personal information of South Korean individuals, regardless of location
• Explicit consent is generally required for data collection and processing
• Robust security measures and governance structures are mandatory
• Data subject rights are extensive and continue to expand
• Cross-border data transfers face significant restrictions
• Non-compliance can result in severe administrative and criminal penalties

As data privacy in South Korea and across the world continues to grow in importance, understanding and complying with frameworks becomes essential for organisations seeking to build trust and maintain lawful operations in today’s dynamic markets.

For businesses navigating the complexities of data management across multiple jurisdictions, a strategic approach to data governance that incorporates data protection regulations carefully becomes crucial for success in the years ahead. However, even before that, meticulous data management remains the absolute key, and that’s where TJC Group comes in. If your organisation is struggling with inactive data or obsolete systems, contact us today!

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