The Regulations for Data Protection in the EU: Some Implications for Korea
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Nowadays, data is omnipresent and a valuable resource for innovation. The enterprises of the new economy have focused on the development of data collection. Nonetheless, the acquisition and use of personal data can bring some important issues of privacy and data protection. Accordingly, the EU has highlighted the importance of protecting data, which is one of the crucial elements of fundamental rights. The EU has, thus, established a data protection regime and has revised the relevant regulatory provisions, recently producing the General Data Protection Regulation(GDPR). In particular, the EU data protection regime has its global reach, confirming its extraterritorial application. Therefore, the adoption of the GDPR has focused worldwide attention on multinational companies, including Korean undertakings. Overall, this development implies its rigorous approach toward data protection. Most importantly, the GDPR will enter into force on 25 May 2018, and Korean practitioners and undertakings are not well aware of the actual implementation, and it is essential to understand the meaning of the recent development of the EU’s regulations on data protection in order to avoid violating them. Therefore, this article aims to discuss the development of the EU data protection regime, thereby to explain why and how its strict measures are important for Korean undertakings. In addition, the development of the data protection regime in the EU may be a relevant example for Korean policymakers, as the Korean provisions, such as the Personal Information Protection Act, are more complicated.
Abstract
Nowadays, data is omnipresent and a valuable resource for innovation. The enterprises of the new economy have focused on the development of data collection. Nonetheless, the acquisition and use of personal data can bring some important issues of privacy and data protection. Accordingly, the EU has highlighted the importance of protecting data, which is one of the crucial elements of fundamental rights. The EU has, thus, established a data protection regime and has revised the relevant regulatory provisions, recently producing the General Data Protection Regulation(GDPR). In particular, the EU data protection regime has its global reach, confirming its extraterritorial application. Therefore, the adoption of the GDPR has focused worldwide attention on multinational companies, including Korean undertakings. Overall, this development implies its rigorous approach toward data protection. Most importantly, the GDPR will enter into force on 25 May 2018, and Korean practitioners and undertakings are not well aware of the actual implementation, and it is essential to understand the meaning of the recent development of the EU’s regulations on data protection in order to avoid violating them. Therefore, this article aims to discuss the development of the EU data protection regime, thereby to explain why and how its strict measures are important for Korean undertakings. In addition, the development of the data protection regime in the EU may be a relevant example for Korean policymakers, as the Korean provisions, such as the Personal Information Protection Act, are more complicated.
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