[Law firm Veat] The legal review of the Terms of Use and Privacy Policy is necessary.

“Electronic Commerce Act et al. Consumer Protection Act” (hereinafter referred to as the Electronic Commerce Act) requires operators of telemarketing or telemarketing intermediaries to display “Terms of Use,” and the “Act on Promotion of Information and Communication Network Utilization and Protection of Information.” (hereinafter referred to as the Information and Communication Network Act) obliges information and communication service providers to post “Personal Information Processing Policy” on their websites. It stipulates the content that must be included in “Terms of Use” and “Personal Information Processing Policy.”

Even if “Terms of Use” and “Personal Information Processing Policy” are posted, if the required notations are not included, it is considered unlawful, or if the content is unilaterally favorable to the business operator (e.g., unilateral/unconditional liability clauses), it is deemed unfair terms and its effectiveness is not recognized. Furthermore, focusing heavily on preparing “Terms of Use” and “Personal Information Processing Policy” can lead to overlooking essential aspects such as obtaining consent for the collection and use of personal information, and in the case of app service providers, consent for accessing phone functions. Therefore, these aspects also require careful consideration.

The Fair Trade Commission can issue recommendations or orders for correction regarding unlawful clauses in the contract, or impose penalties such as imprisonment for up to 2 years or a fine of up to 100 million won, or a fine of up to 50 million won depending on the type of violation. To achieve successful service launch and operation, it is essential to prepare necessary formats such as “Terms of Use” and “Personal Information Processing Policy” that match the service content.

The key Cases related to “Terms of Use” legal advice provided by Law Firm Veat are as follows:

- Providing legal advice for reviewing and amending the Terms of Use of S, a new AI-based service launch, and notifying the Terms of Use change
- Providing legal advice for reviewing the Terms of Use and Location-Based Service Terms of Use of P, which provides a used car purchase service
- Providing legal advice for the Terms of Use with added regulations related to the Purchase Safety Service of an e-commerce platform operator S
- Providing legal advice for the Terms of Use and Personal Information Processing Policy of E, which operates a telemarketing intermediary
- Providing legal advice for the Terms of Use with added regulations related to the convenience payment service of fintech A, which operates Electronic Financial Transaction business, etc.

Law Firm Veat helps you to draft “Terms of Use” suitable for telemarketing or telemarketing intermediaries based on an analysis of the services provided by your company, and provides opinions on the extent to which individual regulations can be recognized as having actual effect. In addition, it assists in implementing a process to obtain legal consent during the collection and use, and provision of personal information.

Law Firm Veat maintains prompt and efficient communication in line with your schedule and provides professional and efficient legal advice while offering reasonable legal advice costs. If you need legal advice on “Terms of Use” and “Personal Information Processing Policy,” please contact Law Firm Veat.

Thank you.

Law Firm Veat Dream