E-Commerce

"They have a deep understanding of the technology industry and they also provided us with advice and opinion from a business perspective."

- Chambers & Partners Asia-Pacific

Overview

In 1994, a BKL attorney handled what was possibly the earliest commercial domain name dispute in Korea between bona fide claimants, namely a U.S. telecom and a Korean dial-up ISP. Since that time, BKL’s e-commerce group has advanced swiftly in step with the fast-evolving technology and practices of online businesses, which is particularly noteworthy in light of the new found demand on e-commerce created by COVID-19.

Our e-commerce practice offers specialized, state-of-the-art advice on the full spectrum of issues affecting internet B2B service providers, retailers and auction marketplaces, and hosting sites. Our team regularly advises on commercial tie-ups and other contracts that underpin many online businesses, including advertising, portal and partnership arrangements, as well as forms of “clickwrap” licenses and consumer purchase contracts. In addition, we provide in-depth advice on the regulatory aspects of online commerce, including registration and disclosure requirements, data privacy and storage, consumer protection rules, and copyright and trademark issues. In the financial area, we have advised several insurer clients on online marketing, as well as telemarketing, of their insurance products.

As counsel to a number of the leading online retailing operations and portal sites in Korea, we monitor and advise on the latest material developments in regulation and policy, as well as judicial precedents in these rapidly evolving areas of law. The Firm has itself been at the forefront, among Korean law firms, in helping to guide efficient, sensible changes in government regulation as it affects e-commerce.

Key Services

Consumer Protection in E-Commerce
Advising re regulatory issues under consumer protection legislation, including the Act on the Consumer Protection in Electronic Commerce, Act on Door-to-Door Sales, Framework Act on Consumers, and Act on the Regulation of Terms and Conditions
Reporting to authorities in accordance with the Act on the Consumer Protection in Electronic Commerce and Telecommunications Business Act
Assisting in responding to consumer complaints and/or to regulatory authorities (e.g., Korea Consumer Agency, Korea Fair Trade Commission)
Advising re improvement and legislation of regulations relating to consumer protection laws
Data Privacy Protection
Advising re consent procedures for the processing of personal information in relation to creating an e-commerce website
Advising re technical and managerial measures to protect personal information
Advising re personal information leakages and other data breach incidents
Establishment of Payment Systems
Advising re issues under the Electronic Financial Transactions Act, such as PG work
Reviewing contracts with PG service providers
E-Commerce Business Acquisitions
Due diligence and advising re contract conclusion for e-commerce business acquisition

Representative Cases

Advised global companies on launching e-commerce websites
Assisted in responding to corrective actions imposed by the KFTC relating to violations of the Act on the Consumer Protection in Electronic Commerce
Advised on physical division of the e-commerce business of a domestic distributor
Consumer Protection in E-Commerce
Advised global companies on launching e-commerce websites
Prepared e-commerce checklist and conducted compliance work for rental companies
Assisted in responding to corrective actions imposed by the KFTC relating to violations of the Act on the Consumer Protection in Electronic Commerce
Advised on issues relating to the Act on the Consumer Protection in Electronic Commerce such as cancellation of orders and product marks
Data Privacy Protection
Advised on data privacy compliance relating to e-commerce websites of global consumer goods brands
Advised on personal information leakage by a cosmetics company
Advised on e-commerce identity verification issues
Establishment of Payment Systems
Reviewed whether companies constituted PG service providers based on the individual business structure
Reviewed application of the Electronic Financial Transactions Act with regard to issuance of electronic vouchers
Reviewed contracts between e-commerce and PG service providers
E-Commerce Business Acquisitions
Advised on establishing JV in China
Advised on physical division of the e-commerce business of a domestic distributor