한국어
3.3.3

Transfer of Personal Information Due to Business Transfer, etc.

Based on official sourcesISMS-PCheckpoints 3Evidence 2Cases 2

Certification criterion

When transferring or receiving personal information due to a business transfer/merger, etc., appropriate protective measures such as notifying data subjects must be established and implemented.

Key checkpoints

  1. When personal information is transferred to another person due to the transfer/merger, etc. of all or part of the business, are the necessary matters notified to data subjects in advance?
  2. When the recipient of the personal information falls under the statutory notification requirements, does the recipient notify data subjects without delay of necessary matters such as the fact that the personal information has been transferred?
  3. Does the recipient of the personal information use it or provide it to a third party only for the original purpose that existed at the time of transfer?

Detailed explanation

When personal information is transferred to another person due to the transfer/merger, etc. of all or part of the business, the following matters must be notified to data subjects in advance.

  • Matters to be notified
    1. The fact that the personal information is to be transferred
    2. The name, address, telephone number, and other contact information of the recipient of the personal information
    3. The methods and procedures by which a data subject may take action if the data subject does not wish the personal information to be transferred
  • Methods of notification
    1. Any one of the following methods: email/written document/fax/telephone, or a similar method
    2. Where the data subject cannot be notified directly, such as because the data subject's contact information cannot be identified through no fault of the notifier, the information is to be posted on the internet homepage for at least 30 days
    • However, in the case of a transferor, etc. that does not operate an internet homepage, the information is to be posted for at least 30 days in a conspicuous location such as the place of business
    • Alternatively, the method of publishing it in a general daily newspaper/general weekly newspaper or an internet newspaper under Article 2, Subparagraph 1, Item (a)/Item (c) or Subparagraph 2 of the same Article of the "Act on the Promotion of Newspapers, etc.", whose main distribution area is a region at or above the level of the city/province (Si/Do) where the place of business of the business transferor, etc. is located, may be used

The business transferee, etc. must, when it falls under the statutory notification requirements, notify data subjects without delay of necessary matters such as the fact that the personal information has been transferred.

  • If the transferor has already notified data subjects of the fact of transfer, the transferee does not need to provide additional notification
  • However, if the personal information was received through a business acquisition, etc. but the transferor of the personal information did not notify the fact of transfer, the fact of transfer must be notified to data subjects

The recipient of the personal information must use it or provide it to a third party only for the original purpose that existed at the time of transfer.

  • If the recipient of the personal information wishes to use or provide the personal information beyond the scope of the original purpose, separate consent from the data subject must be obtained

Related laws

  • Personal Information Protection Act, Article 27 (Restrictions on Transfer of Personal Information Due to Business Transfer, etc.)

Evidence (examples)

  • Records of notification to data subjects regarding the transfer of personal information (at the time of business transfer/acquisition)
  • Privacy policy

Nonconformity examples

  • A case where a personal information controller, having received personal information through a business acquisition, did not notify data subjects of the fact of the personal information transfer even though the transferor did not notify the fact of the personal information transfer
  • A case where, upon receiving personal information through a business transfer/acquisition, etc., the methods and procedures by which a data subject may take action if the data subject does not wish the transfer were not established, or these were not notified to data subjects

Source

Source: The certification criterion is based on [Annex 7] of the Notice on Certification, etc. of Information Security and Personal Information Protection Management Systems (2023.10.5); the key checkpoints are based on the "ISMS-P Certification Criteria Detailed Inspection Items" (2023.10.31); the detailed explanation, related laws, evidence, and nonconformity examples are based on the original text of the "ISMS-P Certification Criteria Guide" (2023.11.23). This English text is an unofficial translation for reference; the Korean original prevails.
On this page
Item info
SetAnnex 7
Applies toISMS-P
Key checkpoints3
Evidence2
Cases2
Related lawsYes