EDPB Releases Opinion on South Korea Draft Adequacy Decision

Written by: Alyssa Feliciano, Esq.

On September 24, 2021, the European Data Protection Board (“EDPB”) released an opinion on the draft adequacy decision for South Korea, which in large part was positive for the country.  There were certain areas of concerns that were pointed out by the EDPB.  Once the EDPB’s stated issues are addressed by South Korea, the country should not have any problem receiving its adequacy decision.

Areas of the South Korean data protection regime to be addressed:

1. 1. The binding nature, enforceability, and validity of notification;
   2. The concept of pseudonymization and exemptions that apply from a number of data protection provisions;
   3. Restrictions regarding the withdrawal of consent;
   4. Information provided to individuals in case of onward transfers;
   5. Specific circumstances and conditions put in place for onward transfers of personal data transferred from the EEA for national security purposes.

Once South Korea addresses the concerns of the EDPB, it will likely join the other countries that have already received their adequacy decision.