What is the primary objective of **K-PIPA**?

**K-PIPA's primary objective is to protect personal information of living natural persons, prevent misuse, leakage, theft, or loss, and ensure data subjects can exercise their rights.** Enacted September 30, 2011, with amendments in 2020, 2023 (effective September 15), and 2024, it promotes transparency, purpose limitation, data minimization, and consent as the core lawful basis for processing personal, sensitive (e.g., health, biometrics), and unique identification information (e.g., resident registration numbers).

Who is legally or professionally required to comply with **K-PIPA**?

**All data handlers—domestic and foreign entities processing personal information of Korean residents—must comply with K-PIPA.** This includes controllers (deciding purposes/means) and outsourcees (processors), with extraterritorial reach for foreign entities targeting Koreans via services, monitoring, or substantial impact per 2024 PIPC Guidelines. Large entities (e.g., KRW 150B+ revenue, 50K+ sensitive subjects) require qualified **Chief Privacy Officers (CPOs)**.

Does **K-PIPA** require an external audit or third-party certification?

**K-PIPA does not mandate external audits or third-party certification for private entities.** Public institutions require file registration and **Privacy Impact Assessments (PIAs)**; all handlers must appoint CPOs for internal audits, training, and compliance plans. Certifications like **ISMS-P** facilitate cross-border transfers but are voluntary.

How often should an assessment for **K-PIPA** be performed?

**K-PIPA assessments should be performed regularly, with CPOs conducting internal audits and risk assessments at least annually.** Ongoing monitoring aligns with 2024 PIPC security Guidelines; public entities submit PIAs within 60 days of registration and every 2 years post-2025. Large entities notify PIPC periodically for high-volume processing.

What are the consequences of non-compliance with **K-PIPA**?

**Non-compliance with K-PIPA incurs fines up to 3% of annual revenue (capped at KRW 3 billion ≈ €2.1M), surcharges up to 5x damages, corrective orders, and criminal penalties up to 5 years imprisonment.** PIPC enforces via investigations; examples include Google's KRW 70 billion fine (2022). CPO absence fines reach KRW 10-30M.

An **K-PIPA** be mapped to other international frameworks?

**Yes, K-PIPA aligns closely with GDPR principles like transparency, data minimization, and subject rights, securing EU adequacy on December 17, 2021.** Mappings support pseudonymization, consent, breach notifications (72 hours), and transfers via certifications; differences include consent primacy and no mandatory private Records of Processing Activities.

What is the first step to begin implementing **K-PIPA**?

**The first step is appointing a qualified Chief Privacy Officer (CPO) with independence, resources, and board reporting.** Follow with a gap analysis via Privacy Impact Assessment (PIA), data inventory mapping personal/sensitive flows, and granular consent mechanisms per PIPC Guidelines.

What is the primary objective of **FISMA**?

**FISMA's primary objective is to provide a comprehensive framework for federal agencies to develop, document, document, implement, and manage risk-based information security programs protecting the confidentiality, integrity, and availability of federal information and systems.** Enacted in 2002 and modernized in 2014, it mandates use of NIST’s Risk Management Framework (RMF) with its 7 steps: Prepare, Categorize (per FIPS 199), Select (NIST SP 800-53), Implement, Assess, Authorize, and Monitor, ensuring continuous diagnostics and mitigation (CDM).

Who is legally or professionally required to comply with **FISMA**?

**FISMA legally requires compliance by all U.S. federal executive branch civilian agencies and any contractors, vendors, or service providers operating federal information systems or processing federal data.** This includes cloud providers under FedRAMP, state/local entities administering federal programs (e.g., Medicaid), and system integrators; national security systems are excluded and follow separate oversight.

Does **FISMA** require an external audit or third-party certification?

**FISMA does not mandate external third-party certification but requires annual independent evaluations by agency Inspectors General (IGs) or designees using CISA metrics.** IGs assess maturity across NIST Cybersecurity Framework functions, assigning levels (1 Ad Hoc to 5 Optimized); contractors face agency-directed assessments, with FedRAMP providing standardized third-party reviews for cloud services.

How often should an assessment for **FISMA** be performed?

**FISMA requires annual independent IG evaluations of agency-wide security programs, supplemented by continuous monitoring per NIST SP 800-137.** System-level assessments occur via RMF cycles, with ongoing control testing; major incidents trigger real-time reporting to CISA/OMB/Congress, and POA&Ms track remediation quarterly or per risk.

What are the consequences of non-compliance with **FISMA**?

**Non-compliance with FISMA results in unfavorable IG reports, OMB remediation directives, reduced funding, contract termination, and debarment for contractors.** Agencies face operational constraints, public exposure via OMB’s annual Congressional report, and DHS binding operational directives; persistent failures, as in HHS’s repeated "Not Effective" ratings, escalate GAO scrutiny and mission limitations.

An **FISMA** be mapped to other international frameworks?

**FISMA cannot be formally mapped to other international frameworks within its standalone U.S. federal scope, as it is a mandatory statute tied exclusively to NIST standards like SP 800-53 and RMF.** Agencies focus on NIST alignment for reciprocity (e.g., FedRAMP), without provisions for external frameworks.

What is the first step to begin implementing **FISMA**?

**The first step to implement FISMA is the RMF Prepare phase: establish governance, assign roles (CIO, CISO, Authorizing Official), and create a complete system inventory.** Develop a risk management strategy, categorize systems per FIPS 199 (Low/Moderate/High impact), and define boundaries, ensuring executive sponsorship for RMF execution.

K-PIPA vs FISMA

Standards Comparison

K-PIPA

Mandatory

2011

South Korea's stringent personal data protection regulation

FISMA

Mandatory

2014

U.S. federal law for risk-based information security management

Quick Verdict

K-PIPA mandates stringent privacy for Korean data handlers with consent focus, while FISMA requires risk-based security for US federal systems via NIST RMF. Companies adopt K-PIPA for Korea market access, FISMA for federal contracts.

Data Privacy

K-PIPA

Personal Information Protection Act (PIPA)

Cost

€€€€

Complexity

Medium

Implementation Time

18-24 months

Key Features

Mandates independent Chief Privacy Officers for all handlers
Requires granular explicit consents for sensitive data transfers
Enforces 72-hour breach notifications to subjects and regulators
Applies extraterritorially to foreign entities targeting Koreans
Imposes fines up to 3% of annual global revenue

Cybersecurity

FISMA

Federal Information Security Modernization Act (FISMA)

Cost

€€€€

Complexity

High

Implementation Time

18-24 months

Key Features

Integrates NIST 7-step Risk Management Framework
Mandates continuous monitoring and diagnostics
Requires FIPS 199 system impact categorization
Enforces NIST SP 800-53 security controls
Applies to agencies and contractors via oversight

Detailed Analysis

A comprehensive look at the specific requirements, scope, and impact of each standard.

K-PIPA Details

What It Is

K-PIPA, or Personal Information Protection Act, is South Korea's comprehensive data protection regulation enacted in 2011 with major amendments in 2020, 2023, and 2024. It governs collection, use, storage, transfer, and deletion of personal, sensitive, and unique identification information by domestic and foreign data handlers. Adopting a consent-centric, risk-based approach, it emphasizes explicit opt-ins, purpose limitation, and data minimization.

Key Components

**Core principlesTransparency, consent primacy, minimization, accountability via mandatory CPOs.
Over 30 articles covering rights (access, erasure, portability), security (encryption, logs), breaches (72-hour notices), transfers (PIPC approvals).
Built on GDPR-aligned rights with Korean nuances like 10-day responses and criminal sanctions.
No certification but PIPC enforcement with fines to 3% revenue.

Why Organizations Use It

Legal compliance avoids massive fines (e.g., Google's KRW 70B); enhances trust in privacy-sensitive markets; enables EU adequacy flows; mitigates risks from breaches/extraterritorial scope; builds competitive edge through robust governance.

Implementation Overview

Phased: Gap analysis, CPO appointment, consent tools, technical controls (encryption), training, audits. Applies to all sizes handling Korean data, especially large entities; no formal certification but PIPC guidelines and voluntary ISMS-P.

FISMA Details

What It Is

Federal Information Security Modernization Act (FISMA) is a U.S. federal law enacted in 2014, modernizing the 2002 original. It establishes a risk-based framework for protecting federal information and systems, mandating agency-wide security programs via NIST Risk Management Framework (RMF).

Key Components

**7-step RMFPrepare, Categorize (FIPS 199), Select/Implement/Assess (NIST SP 800-53), Authorize, Monitor.
Hundreds of controls in 20 families, tailored by impact level.
Continuous monitoring, annual reporting, IG assessments.
No formal certification; compliance via ATOs and metrics.

Why Organizations Use It

Mandatory for federal agencies/contractors handling federal data.
Reduces breach risks, enables market access (e.g., FedRAMP).
Builds resilience, efficiency; avoids penalties/debarment.
Enhances trust, aligns with mission outcomes.

Implementation Overview

Phased: governance/inventory, categorize/select controls, implement/assess/authorize, continuous monitor.
Applies to agencies, contractors; all sizes via tailoring.
Involves SSPs, POA&Ms, audits; ongoing, resource-intensive.

Key Differences

Aspect	K-PIPA	FISMA
Scope	Personal data privacy for all handlers	Federal info systems security risk mgmt
Industry	All sectors in South Korea, extraterritorial	US federal agencies & contractors
Nature	Mandatory national privacy regulation	Mandatory federal security framework
Testing	CPO audits, PIPC guidelines checks	NIST RMF assessments, IG evaluations
Penalties	3% revenue fines, imprisonment	Contract loss, funding cuts, oversight

Scope

K-PIPA

Personal data privacy for all handlers

FISMA

Federal info systems security risk mgmt

Industry

K-PIPA

All sectors in South Korea, extraterritorial

FISMA

US federal agencies & contractors

Nature

K-PIPA

Mandatory national privacy regulation

FISMA

Mandatory federal security framework

Testing

K-PIPA

CPO audits, PIPC guidelines checks

FISMA

NIST RMF assessments, IG evaluations

Penalties

K-PIPA

3% revenue fines, imprisonment

FISMA

Contract loss, funding cuts, oversight

Frequently Asked Questions

Common questions about K-PIPA and FISMA

K-PIPA FAQ

FISMA FAQ

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K-PIPA

FISMA

Quick Verdict

K-PIPA

Key Features

FISMA

Key Features

Detailed Analysis

K-PIPA Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

FISMA Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

Key Differences

Scope

Industry

Nature

Testing

Penalties

Frequently Asked Questions

K-PIPA FAQ

What is the primary objective of K-PIPA?

Who is legally or professionally required to comply with K-PIPA?

Does K-PIPA require an external audit or third-party certification?

How often should an assessment for K-PIPA be performed?

What are the consequences of non-compliance with K-PIPA?

An K-PIPA be mapped to other international frameworks?

What is the first step to begin implementing K-PIPA?

FISMA FAQ

What is the primary objective of FISMA?

Who is legally or professionally required to comply with FISMA?

Does FISMA require an external audit or third-party certification?

How often should an assessment for FISMA be performed?

What are the consequences of non-compliance with FISMA?

An FISMA be mapped to other international frameworks?

What is the first step to begin implementing FISMA?

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CMMC Sustainment Mastery: Continuous Monitoring, Annual Affirmations, and Subcontractor Flow-Down Playbook

Beyond Reactive: Transforming Compliance into Real-Time Threat Prevention

What is DORA and which Requirements does the Standard define?

Run Maturity Assessments with GRADUM

Check out these other Gradum.io Standards Comparison Pages

NIS2 vs ISO 56002

K-PIPA vs MLPS 2.0 (Multi-Level Protection Scheme)

ISO 31000 vs ISO 41001