June 30, 2022

Volume XII, Number 181

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June 30, 2022

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European Union and South Korea Complete Adequacy Talks

On March 30, 2021, the European Commission (the “Commission”) announced the successful conclusion of the adequacy talks with the Republic of Korea.

The adequacy talks confirmed the convergence between European and South Korean data protection laws, particularly with the recent entry into force of South Korea’s Personal Information Protection Act (“PIPA”) and the strengthening of the powers of the Personal Information Protection Commission’s (“PIPC”), the Korean data protection authority..

An adequacy finding, which will cover both commercial operators and the public sector, will enable free and safe flows of data between the EU and the Republic of Korea. The adequacy decision also will complement the Free Trade Agreement between the EU and Korea.

So far, the EU has recognized Andorra, Argentina, and Canadian organizations subject to PIPEDA, the Faroe Islands, Guernsey, Israel, the Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay, as providing an adequate level of data protection.

Next steps

The Commission will now launch the decision-making procedure to adopt its adequacy finding in the coming months. This involves (1) obtaining an opinion from the European Data Protection Board and (2) obtaining the green light from a committee composed of representatives of EU Member States. After that, the Commission will adopt the adequacy decision on the Republic of Korea.

Read the joint statement by Commissioner Reynders and PIPC Chairperson Yoon Jong In.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XI, Number 90
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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