
2022 No. 1213
DATA PROTECTION
The Data Protection (Adequacy) (Republic of Korea) Regulations 2022
Made 21st November 2022
Laid before Parliament 23rd November 2022
Coming into force 19th December 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by section 17A(1), (3), (5) and (6) of the Data Protection Act 2018 (“the 2018 Act”).
In accordance with section 17A(1) and (3) of the 2018 Act, the Secretary of State considers that the Republic of Korea ensures an adequate level of protection of personal data for certain transfers.

In accordance with section 182(2) of the 2018 Act, the Secretary of State has consulted the Commissioner and such other persons as the Secretary of State considers appropriate.
Citation, commencement and extent
1 

(1) These Regulations may be cited as the Data Protection (Adequacy) (Republic of Korea) Regulations 2022.
(2) These Regulations come into force on 19th December 2022.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Adequate level of protection
2 

(1) For the purposes of Part 2 of the Data Protection Act 2018 and the UK GDPR, the Secretary of State specifies the Republic of Korea as ensuring an adequate level of protection of personal data for a transfer described in subsection (2).
(2) A transfer described by this subsection is a transfer of personal data to a person in the Republic of Korea who is subject to the Personal Information Protection Act as that Act forms part of the law of the Republic of Korea and has effect from time to time.
Independent supervisory authorities
3 
The independent supervisory authorities in the Republic of Korea are—
(a) the Personal Information Protection Commission established by Article 7 of the Personal Information Protection Act as it forms part of the law of the Republic of Korea; and
(b) the Financial Services Commission established by Article 3 of the Act on the Establishment of Financial Services Commission as it forms part of the law of the Republic of Korea.
Michelle Donelan
Secretary of State
Department for Digital, Culture, Media and Sport
21st November 2022