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Government Legislation

  • Partial Amendment to the Enforcement Decree of the Act on the Development of Cloud Computing and Protection of its Users
    • Competent Ministry : Ministry of Science and ICT
    • Advance Publication of Legislation : 2022-10-14
    • Opinion Submission Deadline : 2022-11-23

1. Reasons for Proposal

With the amendment of the Cloud Computing Act (hereinafter referred to as the “Act”) (Promulgated on January 11, 2022; to be enforced on January 12, 2023), the purpose of the amendment is to reflect the purpose of the Act amendment by stipulating matters delegated to the Enforcement Decree of the Cloud Computing Act.

 


2. Major Provisions


A. Establish security certification methods, procedures, etc. (Article 15-2)

Prepare documents that a person who intends to obtain security certification must submit to the evaluation agency, evaluation and certification procedures and methods, etc.

 


B. Establish expiration date of security certification (Article 15-3)

Stipulate the expiration date and renewal procedures of the security-certified cloud computing service.

 


C. Establish certification mark and promotion of security certification (Article 15-4)

Provide a basis for displaying the certification mark and promoting the cloud computing service security certification.

 


D. Establish follow-up management of security certification (Article 15-5)

The assessment agency stipulates the basis and procedures for the follow-up evaluation of security-certified cloud computing services.

 


E. Establish security certification fees (Article 15-6)

Stipulate the basis for imposing fees for applicants for the assessment agency’s security certification and calculation criteria for those fees, support of fees for small and medium-sized enterprises, etc.

 


F. Establish criteria for the designation, management, etc. of certification agencies and evaluation agencies (Article 15-7)

Stipulate the designation criteria, designation procedures, expiration date, follow-up management, etc. of certification agencies and evaluation agencies.

 


G. Establish the criteria for revocation of designation of certification agencies and evaluation agencies (Article 15-8)

Prepare administrative disposition criteria for cancellation of designation and suspension of business in the event of violations by certification agencies and evaluation agencies.

 


H. Establish the business entrustment regulations, such as designation of certification agencies and evaluation agencies, etc. (Article 20 (3) 5)

Prepare the basis for entrustment to the Korea Internet & Security Agency of tasks determined by public notice among tasks related to the designation, re-designation, cancellation of designation, etc. of certification agencies and evaluation agencies.

 


Regulatory effect assessment
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Legislative proposal (draft)
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