On 24 September 2021, the European Data Protection Board (EDPB) issued its opinion on the European Commission’s (EC) draft adequacy decision in respect of South Korea.
On 16 June 2021, the EC launched the procedure for the adoption of an adequacy decision for South Korea under the General Data Protection Regulation (GDPR), which would allow free transfers of personal data from the European Economic Area (EEA) to South Korea’s commercial operators and public authorities.
Overall, the EDPB found the central aspects of South Korea’s data protection framework to be essentially equivalent to the European data protection framework. The EDPB’s review focused on both the general aspects of the GDPR (such as data protection concepts, transparency, data retention and grounds for lawful processing for a legitimate purpose) and also on the local laws allowing access by public authorities to personal data transferred from the EEA for law enforcement and national security purposes. The EDPB also reviewed the Notification adopted by the South Korean data protection authority that was designed to fill gaps between the GDPR and Korean framework (Notification).
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