Privacy Consent Form Advisory: Review of Marketing Communications Consent and Delivery of Revised Draft

Case Details: The client operates a business in Korea that conducts promotional campaigns while also managing service users. The client requested a legal review of its draft consent form for the collection and use of personal information.

Under the original draft, consent for service use, customer inquiries, and marketing purposes was combined into a single consent item. The draft also did not include a separate procedure for obtaining consent to receive promotional messages via SMS or KakaoTalk.

Because users who refused marketing consent could potentially be restricted from using the service, the client required a review of possible compliance risks under Korea’s Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection.

Decent's Strategy: Decent Law Firm’s Corporate Practice Team reviewed each provision of the consent form and identified the relevant legal risks.

First, consent to process personal information for marketing purposes must be presented separately from consent required for the provision of the service. A business may not refuse or restrict service merely because a user declines an optional marketing consent item.

Second, consent to collect and use personal information is legally distinct from consent to receive promotional information through electronic communication channels. Accordingly, promotional messages sent by SMS or KakaoTalk require a separate opt-in consent under Korean law.

Based on this analysis, Decent Law Firm revised the consent structure as follows:

▪️Separation of mandatory and optional consent: Service-related consent and optional marketing consent were reorganized into separate items.

▪️Addition of a no-disadvantage notice: The form was revised to clarify that refusing optional marketing consent would not affect access to the service.

▪️Creation of a separate marketing communications consent: A new optional consent item was added for receiving promotional information through SMS, KakaoTalk, and similar channels.

Outcome: "Delivery of Revised Privacy Consent Form"

The revised form clearly distinguishes personal information required for service operation from information used for marketing purposes.

It also provides users with a genuine choice by confirming that refusal of optional marketing consent will not result in any disadvantage or restriction on service use.

In addition, a separate consent mechanism was introduced for promotional communications, allowing the client to manage SMS and KakaoTalk marketing activities in a manner consistent with Korean privacy and communications regulations.

#Delivery of Revised Privacy Consent Form

국문 KR 영문 EN