The Korea Fair Trade Commission said on the 6th that it corrected unfair terms and conditions at the three mobile carriers—SKT, KT, and LG Uplus—including clauses that exempt them from liability for personal data breaches.
On this day, the Korea Fair Trade Commission (FTC) said it reviewed the mobile carriers' service terms and had the companies voluntarily correct them.
The provisions the Korea Fair Trade Commission (FTC) had voluntarily corrected are: ▲ a liability exemption clause for personal data breach incidents ▲ a clause shifting responsibility related to members' IDs and passwords ▲ clauses limiting or exempting liability for damages related to service provision ▲ a deemed-consent clause based on implied intent.
All three mobile carriers set their terms to exempt themselves from liability for damages arising from illegal access to and use of unencrypted wireless sections (Wi-Fi) and private branch exchange systems.
The Korea Fair Trade Commission (FTC) viewed these clauses as invalid under Article 7 of the Act on the Regulation of Terms and Conditions because they limit the carriers' liability for damages due to personal data breaches and shift related responsibility to users.
It also had users bear full responsibility, without considering whether the carrier was at fault, even when users acted intentionally or negligently or when communication services were not functioning smoothly.
The Korea Fair Trade Commission (FTC) determined the clauses invalid because, under the pretext of users' intent or negligence, they limit the carriers' liability for damages related to service provision or impose risks that the carriers should bear on customers.
KT stipulated in its terms that when there is a reason to revise the terms or terminate a contract, it would notify members in advance, and if a member does not expressly state an objection within a set period, the member is deemed to have agreed to the revised terms or to the termination of the contract.
The Korea Fair Trade Commission (FTC) viewed it as invalid because it falls under Article 12, Paragraph 1, of the Act on the Regulation of Terms and Conditions, which covers "clauses that deem a customer's intent to be expressed or not expressed if there is a certain act or omission."
LG Uplus set its terms so that, regarding user IDs and passwords, it defined "intentional or gross negligence" and exempted liability for damages caused by "negligence."
The Korea Fair Trade Commission (FTC) determined the clauses invalid under Article 7 of the Act on the Regulation of Terms and Conditions because they unjustifiably limit the carriers' legally defined scope of liability for damages or shift risks that the carriers should bear to customers.