Guideline
EDPB Statement 2/2026 on the first review of the adequacy decision for the Republic of Korea
- Date
- Status
- final
- Body
- European Data Protection Board (EDPB)
- Reference
- Statement 2/2026 (aangenomen op 10 november 2026)
What it is about
On 23 July 2026 the European Commission published its report on the first review of the adequacy decision for the Republic of Korea (Implementing Decision (EU) 2022/254). According to the Commission, Korea continues to ensure an adequate level of protection. The EDPB responded with a statement on 10 November 2026. It welcomes amendments to the Korean data protection law (PIPA): a right to refuse an automated decision, including one by an AI system, or to request an explanation when the decision significantly affects a person's rights or obligations, a general right to withdraw consent, clearer rules on transfers to other countries and stronger enforcement powers for the Korean authority (PIPC). The EDPB asks the Commission to monitor how the new rules are applied, in particular for onward transfers to third countries. It agrees to a four-year review cycle and asks that this term be strictly observed.
What this means in practice
Anyone transferring personal data to the Republic of Korea, to a recipient subject to the Korean data protection law, can continue to rely on the adequacy decision. Pay attention to onward transfers from Korea to other countries: there the EDPB asks for closer monitoring. The statement is advice to the Commission and does not change the decision itself.
The GDPR articles concerned
Source: EDPB, Statement 2/2026 on the first review of the functioning of the adequacy decision for the Republic of Koreachecked on 12 November 2026
Summary and practical reading by Praxikon. Not legal advice; the source prevails.
Connections
What connects to this development
Case law
- Schrems II: Privacy Shield invalid, transfers under standard clauses only with essentially equivalent protection
2020-07-16 · final, Hof van Justitie van de EU (Grote kamer), Data Protection Commissioner tegen Facebook Ireland Ltd en Maximillian Schrems
Guidelines
- Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data
2021-06-18 · final, European Data Protection Board (EDPB)
- Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR
2023-02-14 · final, European Data Protection Board (EDPB)
Enforcement and fines
- 290 million euro fine for Uber over transfers of driver data to the US
2024-08-26 · under appeal, Autoriteit Persoonsgegevens
- 100 million euro fine for MLU B.V. (Yango) for transfers to Russia
2026-04-01 · status not established, Autoriteit Persoonsgegevens