This chapter discusses why the UN Group of Governmental Experts on Developments in the Field of Information and Telecommunications process has reached a turning point. It argues that the discussion about how Information and Communication Technology (ICT) should be regulated is as much about strategy, politics, and ideological differences as it is about law. For the time being, states have too diverging interests and normative preferences to reach consensus on anything but the most basic of legal findings. This chapter also offers some suggestions about what the future holds with regard to the regulation of cyberspace. It argues that the deadlock of the UNGGE process is likely to lead to a shift away from ambitious global initiatives towards regional cooperation between like-minded countries. In this regard, it delineates how to facilitate South Korea-EU cooperation in the context of governance and norms building.
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Already in 2014, South Korea hosted the “Asia-Pacific Regional Seminar on International Law and State Behaviour in Cyberspace” together with the UN Institute for Disarmament Research (UNIDIR).
In December 2018, South Korea’s Act on the Promotion of IT Network Use and Information Protection (Network Act) was updated, requiring digital communications providers handling South Korean data to establish a domestic representative in South Korea overseeing data protection issues from March 2019 onwards. In January 2020, the Korean parliament passed another set of amendments to the Network Act, the Personal Information Protection Act (PIPA), and the Act on the Use and Protection of Credit Information (Credit Information Act). See “Korea introduces major amendments to data privacy laws”, Lexology, January 30, 2020, available at https://www.lexology.com/library/detail.aspx?g=223051e2-0346-4935-8fbb-6146e4424d94.