South Korea - PIPA (Personal Information Protection Act)

What is PIPA in South Korea?

On September 30, 2011, South Korea passed the Comprehensive Personal Information Protection Act (PIPA), establishing the country as one of the world's strictest regimes for privacy protection.

While the law does not specify its territorial scope, its enforcement standards in South Korea align closely with the EU's General Data Protection Regulation (GDPR). This means that businesses operating within South Korea must adhere to PIPA's provisions.

PIPA in South Korea sets forth highly detailed and specific requirements throughout the entire life cycle of personal data management. These requirements encompass aspects such as prior notification, obtaining explicit consent, and severe penalties imposed by law, making it one of the most stringent data protection laws globally.

Regarding personal data management, South Korea's PIPA defines it as any actions related to the processing, storage, retention, search, disclosure, restoration, correction, use, collection, generation, recording, provision, or destruction of personal data. The law considers personal data as information that can be used to identify a specific individual, excluding anonymous information.

In line with the GDPR guidelines, PIPA also mandates that obtaining consent from data subjects must be voluntary, specific, well-informed, and unambiguous. It requires an affirmative action from the individual, often referred to as the "opt-in" consent.

Recent amendments have further enhanced PIPA to align with the standards set by the GDPR. These amendments grant data subjects the right to opt-out, delete, and request access to their personal information.

If you want to know more about the different regulations you can access our article "Laws and regulations for each region"

Cookie banner to comply with PIPA. 

Taking into account the similarities this regulation shares with the EU's GDPR regarding consent, albeit with minor differences, a banner with the following features would be fully compliant with this regulation:

• Include a Button to Accept Cookies: The text in the cookie banner and the button must make it clear that by clicking the button the user agrees to the deployment of cookies, this is known as Opt-in consent. 
• Include a Button to Reject Cookies: Must include a statement telling the user that they can deny the consent of data collection and a button that allows them to do so.
• Provide Detailed Information About Cookie Use: The cookie banner should contain information about why the website uses cookies. For example, does it collect data for analytics, advertising, or social media purposes?
• Alert the User if the Website Shares Data with Third-Party cookies: If the website shares the data collected through cookies with third parties the cookie banner should explain this.
• Link to the Website’s Cookie Policy: Here the website will provide further information about the cookies in use on the site, including a list of all the cookies.

Observations: With illow's GDPR banner, your site will be ready to comply with this regulation.

If you want to know the different types of banner cookies that you can find on our platform, access our article "Types of banners you will find on our platform"