PIPA Article 28-8: cross-border transfer needs separate consent, certification, a recognised country or a statute (Personal Information Protection Act (Korea), Act No. 20897, 1 Apr. 2025 (English translation by the Korea Legislation Research Institute), Art. 28-8(1) and (2))
Sending personal information to a buyer in the United States is allowed only on one of the Article 28-8(1) grounds. For a one-off licence the practical ground is separate consent, which must name the data, the country, the recipient and its purpose and retention.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“No cross-border provision (including inquiry), entrusted processing, or storage (hereafter in this Section referred to as "transfer") of personal information shall be allowed by a personal information controller; provided, in any of the following cases, the cross-border transfer of personal information may be allowed: 1. Where separate consent is obtained from the data subject; ... A personal information controller shall inform data subjects of the following matters in advance when obtaining consent under paragraph (1) 1: 1. Particulars of the personal information to be transferred; 2. The country to which the personal information is transferred, transfer date, and method; 3. Name of the recipient of personal information”
Where it was read
Also read from the same source
- PIPA Article 18: no use beyond the collection purpose and no provision to a third party without separate consent (Personal Information Protection Act (Korea), Act No. 20897, 1 Apr. 2025 (English translation by the Korea Legislation Research Institute), Art. 18(1) and (2)1)
- PIPA Articles 28-2 and 28-7: pseudonymised information for scientific research without consent, but the transfer rules still apply (Personal Information Protection Act (Korea), Act No. 20897, 1 Apr. 2025 (English translation by the Korea Legislation Research Institute), Arts. 28-2(1) and 28-7)
- PIPA Article 58-2: information that no longer identifies a person is outside the Act (Personal Information Protection Act (Korea), Act No. 20897, 1 Apr. 2025 (English translation by the Korea Legislation Research Institute), Art. 58-2)
- PIPA Articles 28-9 and 28-10: the regulator can suspend a transfer, and reciprocity can restrict transfers to restricting countries (Personal Information Protection Act (Korea), Act No. 20897, 1 Apr. 2025 (English translation by the Korea Legislation Research Institute), Arts. 28-9(1) and 28-10)
Figures it counts in
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