South Korea PIPA
Liability and remedies – South Korea PIPA

South Korea PIPA 39: Bear presumed liability, up to fivefold damages for wilful leaks, statutory damages and insurance duties

What does 39 require?

Articles 39 to 39-7: controllers are liable for damage from breaches unless they prove no intent or negligence; for leaks caused by intent or gross negligence courts may award up to five times the damage; data subjects may instead claim statutory damages up to 3 million won per person for leaks; courts may order production of evidence (trade secrets included where essential) and confidentiality orders; controllers meeting decree revenue and volume criteria must hold insurance or reserves to cover damages, with exemptions for some public bodies, small businesses and those covered under other laws.

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