South Korea: compliance overview
2 regulations, 15 mapped obligations and 1 data-transfer routes, organised by when they start to bind you and what you have to do.
Regulatory timeline: what comes next
2025-01-21
Original Act promulgated as Act No. 20676
Korea AI Framework Act2026-01-20
Partial amendment promulgated as Act No. 21311
Korea AI Framework Act2026-01-22
The AI Framework Act enters into force, together with the bulk of the amendment
Korea AI Framework Act2026-03-10
2026 amendment promulgated as Act No. 21445
Korea Personal Information Protection Act (PIPA)2026-07-21
Certain amended provisions commence six months after promulgation
Korea AI Framework Act2026-09-11
2026 amendment enters into force, six months after promulgation
Korea Personal Information Protection Act (PIPA)2027-07-01
Mandatory privacy certification (proviso to Art. 32-2(1)) begins to apply
Korea Personal Information Protection Act (PIPA)
Applicable regulations (2)
Korea Personal Information Protection Act (PIPA)
A Chinese AI company falls within PIPA where it: (1) supplies apps, websites or model APIs to users in Korea and processes their personal information; (2) has no address or place of business in Korea but meets the revenue and data-holding thresholds set by Presidential Decree, in which case it must designate a domestic representative in writing and is treated as having committed any violation by that representative; (3) takes processing work on entrustment from a Korean company and is caught by the Art. 26 entrustment rules, where the principal’s failure to manage and supervise is itself surcharge-eligible; or (4) moves Korean personal information into China — Art. 28-8 defines “transfer” to include provision (including where the data can be queried), entrusted processing and storage, so merely making data queryable from Korea on a Chinese server is a transfer.
8 obligations · reviewed 2026-09-12
Korea AI Framework Act
Article 4(1) states that the Act applies to acts done abroad where they affect the domestic market or users. For Chinese AI companies this means: (1) offering generative AI features to Korean users through app stores, the web or APIs triggers the Art. 31 prior-notice and output-labelling duties, and breach of the Art. 31(1) notice duty is expressly an administrative-fine offence under Art. 43; (2) placing a model whose cumulative training compute exceeds the Presidential Decree threshold on the Korean market triggers the Art. 32 risk-management system and the duty to submit implementation results to MSIT; (3) where the product falls within high-impact AI (defined in Art. 2, with criteria and examples to be published by the Minister), the five Art. 34 measures must be implemented and verifiable documentation retained; and (4) an operator with no Korean establishment that meets the user-count or revenue thresholds must designate a domestic representative or be directly exposed to an administrative fine. AI developed and used solely for national defence or national security purposes, as prescribed by Presidential Decree, is out of scope.
7 obligations · reviewed 2026-09-12
Data transfer routes
Korea PIPA cross-border transfer of personal information (Arts. 28-8 to 28-11)
No volume threshold. What matters is how broadly Korean law defines transfer: providing (including where the data is accessed from abroad), entrusting processing and storing abroad are all covered - so hosting Korean user data on offshore cloud, remote access by offshore operations teams and outsourcing processing to an offshore vendor are all overseas transfers requiring one of the five bases in Art. 28-8(1). The companion provisions matter too. Article 28-9 lets the Protection Commission order a controller to suspend an overseas transfer where the transfer is continuing or further transfers are expected and either (1) Art. 28-8(1), (4) or (5) has been breached, or (2) the recipient, or the destination country or international organisation, fails to protect personal information appropriately by comparison with this Act so that damage to data subjects has occurred or is markedly likely; a controller served with such an order may object to the Commission within 7 days of receipt. Article 28-10 allows reciprocal restrictions on controllers from countries that restrict transfers out of their own jurisdiction, except where required to perform a treaty or other international agreement. Article 28-11 applies Arts. 28-8 and 28-9 mutatis mutandis where a recipient under the proviso to Art. 28-8(1) transfers the data on to a third country.
Lead time: Estimate: 2-4 weeks for the ground (3) route (privacy policy disclosure or notification); 3-5 weeks for the separate-consent route including consent UI changes; the ground (4) certification route depends on the recipient obtaining certification and typically takes months. · Cost band Medium
What you can use right now
What has actually happened here
- Korean PIPC’s corrective recommendations to DeepSeek: no separate consent for transfers, user input sent to Volcano, no domestic agent2025
- Temu fined KRW 1.369 billion by the Korean PIPC for unlawful cross-border transfers and RRN processing, plus KRW 17.6 million for undisclosed offshore processing and no domestic agent2025
Sources (7)
- Personal Information Protection Act (Korea), Act No. 21445, in force 11 Sep 2026 — full textKorea Ministry of Government Legislation — Korea Law Information Centre open API · published 2026-03-10 · retrieved 2026-09-12
- Personal Information Protection Act (Korea) — Korea Law Information Centre entryKorea Ministry of Government Legislation — Korea Law Information Centre · retrieved 2026-09-12
- Enforcement Decree of the Personal Information Protection Act (Korea), Presidential Decree No. 36671, in force 11 Sep 2026 — full textKorea Ministry of Government Legislation — Korea Law Information Centre open API · published 2026-09-10 · retrieved 2026-09-12
- Personal Information Protection Commission (Korea) — English sitePersonal Information Protection Commission, Korea · retrieved 2026-09-12
- Framework Act on Artificial Intelligence Development and Establishment of a Foundation for Trust (Korea), Act No. 21311 — full textKorea Ministry of Government Legislation — Korea Law Information Centre open API · published 2026-01-20 · retrieved 2026-09-12
- Korea AI Framework Act — official statement of reasons for the partial amendment (Act No. 21311)Korea Ministry of Government Legislation — Korea Law Information Centre · published 2026-01-20 · retrieved 2026-09-12
- Enforcement Decree of the Framework Act on AI Development and Establishment of a Foundation for Trust (Korea), in force 20 Aug 2026 — full textKorea Ministry of Government Legislation — Korea Law Information Centre open API · published 2026-08-18 · retrieved 2026-09-12
Content as of 2026-09-12 · corpus 2026.09|Compiled from public official sources with links and review dates for compliance decision support. Rules change; have licensed professionals review before external disclosure, regulatory filing or contractual commitments.