Legal review of service terms and conditions for a workforce brokerage platform and privacy policy to be posted on the website.

Law firm Veat recently received a request from workforce intermediary platform A (hereinafter referred to as the "client") to draft service usage terms and conditions and a personal information processing policy to be posted on the website, and to provide consent forms necessary for personal information collection, use, and provision.

Due to the nature of the platform business aimed at intermediation and referral, the relationship between the three parties needs to be clarified and precisely defined. Drafting platform service terms is essential for legal counsel with extensive experience in related fields because there is no way to know what disputes might arise in a multi-party relationship.

Law firm Veat’s e-commerce team provided clear and detailed terms of service that meet legal requirements while also aiding user understanding. Specifically, the terms accurately reflect the content of the platform service to aid user understanding and to fall within the scope not invalidated by the Act on the Regulation of Standard Contract Terms (hereinafter “Standard Contract Act”), and to identify the scope in which both parties can be relieved of liability in disputes, so that the "terms of service" are suitable for the client's service and have legal effect.

Furthermore, workforce intermediary platforms handle personal information of job seekers, including sensitive information such as career and education, and sensitive information such as health, and must transmit this information to both job seekers and employers, which means they are at significantly more risk of personal information processing compared to typical e-commerce companies. Therefore, even more attention must be paid to personal information processing.

In fact, on July 2023, the Personal Information Protection Commission imposed a fine of 76 million won on recruitment platform I, which had a data breach due to hacking. While drafting a personal information processing policy and other forms can ensure personal information is safely processed, posting a personal information processing policy is a basis for establishing fundamental policies regarding the company’s personal information processing and demonstrating compliance with the Personal Information Protection Act, and obtaining consent forms for lawful personal information collection, use, and provision serves as a cornerstone for personal information protection.

 Contents to be included in the Personal Information Processing Policy

1. The specific purpose of personal information collection must be clearly stated.
2. The retention and processing period of collected personal information must be disclosed.
3. Detailed information regarding personal information collection, use, third-party provision, and outsourcing, as required by law, must be included.
4. Instructions on how information subjects can exercise their rights, such as access, correction, and deletion, must be included.
5. Explanations of internal policies and systems for securely processing personal information must be included.
6. Each company’s service may have unique characteristics, and accordingly, personal information processing related matters required by specific laws may need to be reflected in the personal information processing policy. For example, depending on the specific service, content related to video information processing equipment, and the Act on the Protection and Use of Location Information (hereinafter “Location Information Act”) may need to be added.

It is important to perform a legal review to ensure that the company has accurately complied with the law when revising or establishing its personal information processing policy, whether the latest legislation has been applied, and whether the personal information processing policy is consistent with the company’s actual services. The contents of the personal information policy serve as a basis for verifying the legality of personal information processing, so we recommend that you have it reviewed in detail by a personal information attorney to ensure that the company can provide services without legal risk.

Eunbyeol Jo and Seungcheol Baek, partner attorneys at Law firm Veat, have been reappointed as legal advisors to the Personal Information Protection Committee, and leverage their deep understanding and expertise in the Personal Information Protection Act to provide practical assistance to companies. In particular, Eunbyeol Jo was selected as an outstanding consultant attorney by the Personal Information Protection Committee and received an award, highlighting her expertise in personal information matters.

Law firm Veat provides support based on continued experience in platform business, ensuring compliance with relevant laws in the process of establishing basic forms for platform business terms of service and personal information processing policies, while also minimizing potential legal risks that may arise from contract (terms of service) performance or personal information processing.

Thank you.
Law firm Veat