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Countries

South KoreaChecked 18 August 2026

Depends on your industryWork: HighEnforcement: Aggressive

In one paragraph: South Korea's privacy law bans sending personal data abroad unless you have one of five grounds. The usual one is a separate consent, ticked apart from every other consent. Since September 2025 the 30 European countries need no extra paperwork. But banking, health records, government cloud and detailed maps have hard walls no consent can unlock, and the regulator fines foreign companies often.
The catch: The 'get consent and send it' headline stops being true the moment you touch six areas: bank and payment systems, financial customers' national ID numbers, hospital records, government cloud, detailed mapping data, and personal location services. In those areas the data or the machine holding it must physically sit in South Korea, and in the government cloud case so must the people who run it.
Does this apply to me?: Yes. The regulator fines companies with no Korean office. In July 2026 it fined TikTok's Singapore company and two Apple companies based in Ireland and Singapore for collecting Korean users' data and sending it abroad without a proper legal basis. If your worldwide revenue was 1 trillion won (about $720 million) or more last year, or you held data on an average of 1 million or more people in Korea per day over the last three months of last year, you must appoint a representative in Korea. Since April 2026, if you already own or control a Korean company, that Korean company has to be the representative.High confidence
Can the data leave the country?: In general yes, but only if you have one of five grounds, and the usual one is a separate consent that the person ticks apart from every other consent. Since September 2025 you can also send data to the 27 European Union countries plus Norway, Iceland and Liechtenstein with no extra step at all, because the regulator has formally accepted their protection as equal to Korea's. That is the only such list, and no other country is on it. Six industries override all of this and are covered below.High confidence
What do I have to do to send it abroad?: Korea does not police the destination. It polices your paperwork. There is no banned-country list and no approval application to file: you pick one of the five grounds, and for most companies that means asking each person for a separate transfer consent that lists what goes, where, to whom, for how long and how to refuse. The one destination list that exists is a positive one, and it holds exactly 30 countries: the European Union plus Norway, Iceland and Liechtenstein. Send data anywhere else and you also have to keep security measures, a complaints route and a dispute process in place, and write the transfer into your contract with the recipient.High confidence
Who enforces this — and are they actually working?: The Personal Information Protection Commission, chaired by Song Kyoung-hee, and it is one of the busiest privacy regulators in the world right now. In July 2026 alone it fined the telecoms company KT about 54 billion won (roughly $39 million) over a data breach, fined TikTok about 10.3 billion won (roughly $7.4 million) and Apple about 252 million won (roughly $180,000). It referred KT to prosecutors for obstructing the investigation and asked police to investigate LG U+ for destroying a server before the inquiry started. Finance is separately policed by the Financial Services Commission and the Financial Supervisory Service; health by the health ministry; maps by an inter-agency committee that includes the intelligence service.High confidence
How long must I keep it, and when must I delete it?: Two forces pull in opposite directions. The ceiling: you must destroy personal data without delay once you no longer need it, and destroy it so it cannot be recovered. The floor: other laws make you keep things. An online seller must keep advertising records for 6 months, complaint and dispute records for 3 years, and contract, cancellation, payment and delivery records for 5 years. Almost everyone must keep system access logs for at least 1 year, and 2 years if the system holds data on 50,000 or more people, holds national ID numbers or sensitive data, or belongs to a licensed telecoms carrier. When the two clash, the keeping rule wins, but you must store that data separately from everything else.High confidence
What happens when something goes wrong?: Count two clocks, and in telecoms and finance a third. Under the privacy law you have 72 hours to tell the affected people, and a separate 72 hours to report to the Commission or to the Korea Internet and Security Agency. The reporting clock starts if 1,000 or more people are affected, or if any sensitive data or national ID numbers leaked, or if the cause was someone breaking in from outside. Separately, an internet service provider must report a cyber incident to the science ministry or the same agency immediately. A hospital must also tell the health ministry about a medical-records incident.High confidence
What's the trap?: Five things that will cost you a weekend. One: the children's age line is 14, not 13 or 16, and processing an under-14's data without a parent's consent is a crime punishable by up to five years in prison, not just a fine. Two: hiding or destroying material during a regulator's inspection is itself a crime, and the regulator used it in July 2026. Three: stripping names out of a dataset does not free it. Four: a bank's Korean customers' national ID numbers may not leave the country at all, and any offshore processing of customers' financial transaction data needs a report to the supervisor 30 business days before work starts. Five: if you want to run a personal location service you must be a corporation and be registered, so you cannot serve Korea from abroad with no entity.High confidence
What's about to change?: The privacy regulator started rewriting the rulebook for artificial intelligence. It set up a reform task force on 30 July 2026, ran a public suggestion window from 6 to 31 August 2026, and plans to publish the direction of reform before the end of 2026. Consent-based rules and the block on sending pseudonymised data abroad for research are both explicitly on the table. Separately, Apple's request to export detailed Korean map data has been pending since its deadline was extended in December 2025, and Google's equivalent request was granted in February 2026 on strict conditions, so the mapping picture can move again at any time.High confidence
Hardest industry wall: Banking — 전자금융감독규정 (Regulation on Supervision of Electronic Financial Transactions)
Finance — 금융회사의 정보처리 업무 위탁에 관한 규정 (Regulation on Outsourcing of Data Processing Business by Financial Companies)
Health and social care — 전자의무기록의 관리·보존에 필요한 시설과 장비에 관한 기준 (Standards for the Facilities and Equipment Required to Manage and Preserve Electronic Medical Records)
Government — 클라우드컴퓨팅서비스 보안인증에 관한 고시 (Notice on Security Certification of Cloud Computing Services)
Mapping and location — 공간정보의 구축 및 관리 등에 관한 법률 (Act on the Establishment and Management of Spatial Data)

IndiaChecked 18 August 2026

Depends on your industryWork: HighEnforcement: Waking up

In one paragraph: India's general privacy law is unusually relaxed about sending data abroad — it bans transfers only to countries on a government blacklist, and that blacklist is currently empty. But specific industries have hard walls: payments data, insurance records and telecom network data must stay inside India. The main law is passed but most of it only becomes enforceable in May 2027, and the regulator has no members yet.
The catch: The permissive headline is true only until you touch payments, insurance, telecom infrastructure, government cloud, public-health records or detailed mapping data. In those six areas India is one of the strictest jurisdictions in the world.
Does this apply to me?: Yes, it reaches you even with no office in India. The law applies to any organisation anywhere in the world that processes Indians' data in connection with offering goods or services to people in India. There is no size or revenue threshold to fall below.High confidence
Can the data leave the country?: In general, yes — freely. India's approach is a blacklist: the government may name countries you cannot send data to, and as of today it has named none. Six industries are the exception and are covered below.High confidence
What do I have to do to send it abroad?: Nothing to sign, no government approval, no standard contract. Unlike Europe, India requires no paperwork to send personal data abroad under the general law — the only question is whether the destination is on the blacklist, and nothing is. Sector rules override this completely.High confidence
Who enforces this — and are they actually working?: On paper, the Data Protection Board of India. In practice, nobody yet — the Board legally exists but as of August 2026 has no chairperson and no members. The government advertised the five posts in May 2026 and re-advertised in June, and they were still vacant in August. Sector regulators, by contrast, are fully active: the central bank, the insurance and securities regulators, the telecom department and the national cyber agency all enforce today.High confidence
How long must I keep it, and when must I delete it?: There is both a floor and a ceiling. From May 2027 every organisation must keep processing logs for at least one year. Tax records run six years, company books eight, and security logs 180 days. In the other direction, large consumer platforms must delete a user's data three years after they last engaged — with 48 hours' warning to the user first.High confidence
What happens when something goes wrong?: Two clocks, and this trips up almost everyone. You have SIX HOURS to report a cyber incident to India's national cyber agency — one of the shortest deadlines in the world. Separately, from May 2027, you must tell the privacy regulator and affected individuals without delay, then file a detailed report within 72 hours.High confidence
What's the trap?: Four things that catch people out. (1) A child is anyone under 18 — there is no lower age of digital consent as there is in Europe, and targeted advertising to under-18s is banned outright. (2) A consent manager must be an Indian company with about $2.3m of net worth, so a foreign entity cannot be one. (3) If designated a 'significant' organisation you must have a data protection officer physically based in India who answers to the board. (4) The general law expressly preserves stricter sector rules, so its liberal transfer regime gives you nothing if you touch payments, insurance or telecom.High confidence
What's about to change?: Three dates matter. 13 November 2026: consent managers must register. 13 May 2027: the whole law becomes enforceable, and the government has publicly refused to extend it or exempt startups. At some point before then, the Board should get its members — at which point enforcement switches on.High confidence
Hardest industry wall: Payments — Storage of Payment System Data
Telecoms — Telecommunications (Authorisation) Rules, 2026
Insurance — IRDAI (Maintenance of Information by Regulated Entities and Sharing of Information by the Authority) Regulations, 2025
Securities — Cybersecurity and Cyber Resilience Framework, control PR.DS.S2
All industries — Directions under section 70B(6) of the Information Technology Act, 2000

The eight framework questions answered for each selected country
Question	South KoreaChecked 18 August 2026	IndiaChecked 18 August 2026
The three ratings	Depends on your industry Work: High Enforcement: Aggressive	Depends on your industry Work: High Enforcement: Waking up
In one paragraph	South Korea's privacy law bans sending personal data abroad unless you have one of five grounds. The usual one is a separate consent, ticked apart from every other consent. Since September 2025 the 30 European countries need no extra paperwork. But banking, health records, government cloud and detailed maps have hard walls no consent can unlock, and the regulator fines foreign companies often.	India's general privacy law is unusually relaxed about sending data abroad — it bans transfers only to countries on a government blacklist, and that blacklist is currently empty. But specific industries have hard walls: payments data, insurance records and telecom network data must stay inside India. The main law is passed but most of it only becomes enforceable in May 2027, and the regulator has no members yet.
The catch	The 'get consent and send it' headline stops being true the moment you touch six areas: bank and payment systems, financial customers' national ID numbers, hospital records, government cloud, detailed mapping data, and personal location services. In those areas the data or the machine holding it must physically sit in South Korea, and in the government cloud case so must the people who run it.	The permissive headline is true only until you touch payments, insurance, telecom infrastructure, government cloud, public-health records or detailed mapping data. In those six areas India is one of the strictest jurisdictions in the world.
Does this apply to me?	Yes. The regulator fines companies with no Korean office. In July 2026 it fined TikTok's Singapore company and two Apple companies based in Ireland and Singapore for collecting Korean users' data and sending it abroad without a proper legal basis. If your worldwide revenue was 1 trillion won (about $720 million) or more last year, or you held data on an average of 1 million or more people in Korea per day over the last three months of last year, you must appoint a representative in Korea. Since April 2026, if you already own or control a Korean company, that Korean company has to be the representative.High confidence	Yes, it reaches you even with no office in India. The law applies to any organisation anywhere in the world that processes Indians' data in connection with offering goods or services to people in India. There is no size or revenue threshold to fall below.High confidence
Can the data leave the country?	In general yes, but only if you have one of five grounds, and the usual one is a separate consent that the person ticks apart from every other consent. Since September 2025 you can also send data to the 27 European Union countries plus Norway, Iceland and Liechtenstein with no extra step at all, because the regulator has formally accepted their protection as equal to Korea's. That is the only such list, and no other country is on it. Six industries override all of this and are covered below.High confidence	In general, yes — freely. India's approach is a blacklist: the government may name countries you cannot send data to, and as of today it has named none. Six industries are the exception and are covered below.High confidence
What do I have to do to send it abroad?	Korea does not police the destination. It polices your paperwork. There is no banned-country list and no approval application to file: you pick one of the five grounds, and for most companies that means asking each person for a separate transfer consent that lists what goes, where, to whom, for how long and how to refuse. The one destination list that exists is a positive one, and it holds exactly 30 countries: the European Union plus Norway, Iceland and Liechtenstein. Send data anywhere else and you also have to keep security measures, a complaints route and a dispute process in place, and write the transfer into your contract with the recipient.High confidence	Nothing to sign, no government approval, no standard contract. Unlike Europe, India requires no paperwork to send personal data abroad under the general law — the only question is whether the destination is on the blacklist, and nothing is. Sector rules override this completely.High confidence
Who enforces this — and are they actually working?	The Personal Information Protection Commission, chaired by Song Kyoung-hee, and it is one of the busiest privacy regulators in the world right now. In July 2026 alone it fined the telecoms company KT about 54 billion won (roughly $39 million) over a data breach, fined TikTok about 10.3 billion won (roughly $7.4 million) and Apple about 252 million won (roughly $180,000). It referred KT to prosecutors for obstructing the investigation and asked police to investigate LG U+ for destroying a server before the inquiry started. Finance is separately policed by the Financial Services Commission and the Financial Supervisory Service; health by the health ministry; maps by an inter-agency committee that includes the intelligence service.High confidence	On paper, the Data Protection Board of India. In practice, nobody yet — the Board legally exists but as of August 2026 has no chairperson and no members. The government advertised the five posts in May 2026 and re-advertised in June, and they were still vacant in August. Sector regulators, by contrast, are fully active: the central bank, the insurance and securities regulators, the telecom department and the national cyber agency all enforce today.High confidence
How long must I keep it, and when must I delete it?	Two forces pull in opposite directions. The ceiling: you must destroy personal data without delay once you no longer need it, and destroy it so it cannot be recovered. The floor: other laws make you keep things. An online seller must keep advertising records for 6 months, complaint and dispute records for 3 years, and contract, cancellation, payment and delivery records for 5 years. Almost everyone must keep system access logs for at least 1 year, and 2 years if the system holds data on 50,000 or more people, holds national ID numbers or sensitive data, or belongs to a licensed telecoms carrier. When the two clash, the keeping rule wins, but you must store that data separately from everything else.High confidence	There is both a floor and a ceiling. From May 2027 every organisation must keep processing logs for at least one year. Tax records run six years, company books eight, and security logs 180 days. In the other direction, large consumer platforms must delete a user's data three years after they last engaged — with 48 hours' warning to the user first.High confidence
What happens when something goes wrong?	Count two clocks, and in telecoms and finance a third. Under the privacy law you have 72 hours to tell the affected people, and a separate 72 hours to report to the Commission or to the Korea Internet and Security Agency. The reporting clock starts if 1,000 or more people are affected, or if any sensitive data or national ID numbers leaked, or if the cause was someone breaking in from outside. Separately, an internet service provider must report a cyber incident to the science ministry or the same agency immediately. A hospital must also tell the health ministry about a medical-records incident.High confidence	Two clocks, and this trips up almost everyone. You have SIX HOURS to report a cyber incident to India's national cyber agency — one of the shortest deadlines in the world. Separately, from May 2027, you must tell the privacy regulator and affected individuals without delay, then file a detailed report within 72 hours.High confidence
What's the trap?	Five things that will cost you a weekend. One: the children's age line is 14, not 13 or 16, and processing an under-14's data without a parent's consent is a crime punishable by up to five years in prison, not just a fine. Two: hiding or destroying material during a regulator's inspection is itself a crime, and the regulator used it in July 2026. Three: stripping names out of a dataset does not free it. Four: a bank's Korean customers' national ID numbers may not leave the country at all, and any offshore processing of customers' financial transaction data needs a report to the supervisor 30 business days before work starts. Five: if you want to run a personal location service you must be a corporation and be registered, so you cannot serve Korea from abroad with no entity.High confidence	Four things that catch people out. (1) A child is anyone under 18 — there is no lower age of digital consent as there is in Europe, and targeted advertising to under-18s is banned outright. (2) A consent manager must be an Indian company with about $2.3m of net worth, so a foreign entity cannot be one. (3) If designated a 'significant' organisation you must have a data protection officer physically based in India who answers to the board. (4) The general law expressly preserves stricter sector rules, so its liberal transfer regime gives you nothing if you touch payments, insurance or telecom.High confidence
What's about to change?	The privacy regulator started rewriting the rulebook for artificial intelligence. It set up a reform task force on 30 July 2026, ran a public suggestion window from 6 to 31 August 2026, and plans to publish the direction of reform before the end of 2026. Consent-based rules and the block on sending pseudonymised data abroad for research are both explicitly on the table. Separately, Apple's request to export detailed Korean map data has been pending since its deadline was extended in December 2025, and Google's equivalent request was granted in February 2026 on strict conditions, so the mapping picture can move again at any time.High confidence	Three dates matter. 13 November 2026: consent managers must register. 13 May 2027: the whole law becomes enforceable, and the government has publicly refused to extend it or exempt startups. At some point before then, the Board should get its members — at which point enforcement switches on.High confidence
Hardest industry wall	Banking — 전자금융감독규정 (Regulation on Supervision of Electronic Financial Transactions) Finance — 금융회사의 정보처리 업무 위탁에 관한 규정 (Regulation on Outsourcing of Data Processing Business by Financial Companies) Health and social care — 전자의무기록의 관리·보존에 필요한 시설과 장비에 관한 기준 (Standards for the Facilities and Equipment Required to Manage and Preserve Electronic Medical Records) Government — 클라우드컴퓨팅서비스 보안인증에 관한 고시 (Notice on Security Certification of Cloud Computing Services) Mapping and location — 공간정보의 구축 및 관리 등에 관한 법률 (Act on the Establishment and Management of Spatial Data)	Payments — Storage of Payment System Data Telecoms — Telecommunications (Authorisation) Rules, 2026 Insurance — IRDAI (Maintenance of Information by Regulated Entities and Sharing of Information by the Authority) Regulations, 2025 Securities — Cybersecurity and Cyber Resilience Framework, control PR.DS.S2 All industries — Directions under section 70B(6) of the Information Technology Act, 2000