Data Protection in South Korea

Electronic marketing in South Korea

Under the Act on the Promotion of Information and Communications Network (the “Network Act”), anyone who intends to transmit an advertisement by electronic transmission media must receive the explicit consent of the individual, but if the individual either withdraws consent or does not give consent, then an advertisement for profit may not be transmitted.

In addition, the transmitter of advertisement information for profit must disclose the following information specifically within the advertisement:

  • The identity and contact information of the transmitter; and
  • Instructions on how to consent or withdraw consent for receipt of the advertisement information.

A person who transmits an advertisement shall not take any of the following technical measures:

  • A measure to avoid or impede the addressee's denial of reception of the advertising information or the revocation of his consent to receive such information;
  • A measure to generate an addressee's contact information, such as telephone number and electronic mail address, automatically by combining figures, codes, or letters;
  • A measure to register electronic mail addresses automatically with intent to transmit advertising information for profit, and various measures to hide the identity of the sender of advertising information or the source of transmission of an advertisement.

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