South Korea's AI Basic Act (Act No. 20676) has applied since 22 January 2026. Under Article 31, providers of generative and high-impact AI must tell users in advance and label generated content.
The government defers fines for at least one year, except in cases of serious social harm. According to a secondary source, the rules apply only to businesses, not to individual users.
| Status | in force |
|---|---|
| Applies from | 22/01/2026 |
| Legal basis | Framework Act on the Development of Artificial Intelligence and Establishment of Trust (AI Basic Act), Act No. 20676, ge盲ndert durch Act No. 21311; Art. 31 |
| Visible label | partly |
| Machine-readable | partly |
| Who is obliged | Providers |
| Penalties | fines possible; the government defers them for at least one year (except in cases of serious harm) |
| Source quality | primary source |
What applies
The act (Act No. 20676 of 21 January 2025, amended by Act No. 21311) applies together with its enforcement decree. Within the service, interface notices suffice; for synthetic content shared outside the service, the government expects clearer labelling (U.S. International Trade Administration, 29 May 2026).
The deferral of fines comes from the science ministry (MSIT) in 2026. Serious cases include loss of life or human rights violations.
Who is obliged
The law targets businesses that offer AI products or services. Foreign providers without a Korean office must appoint a domestic representative above certain revenue or user thresholds. Whether a retailer that only uses AI as a tool for its own product images falls under Article 31 is not clearly settled in the sources we checked; they speak of providers of generative AI.
What this means for EU retailers
- Keep the metadata in your AI images. Providers add invisible markers that you should not remove.
- If you run an AI service yourself for Korean users, such as an image generator in your store, check Article 31 for your case.
Frequently asked questions
Do I as a foreign retailer have to label?
According to the sources we checked, the duties fall on providers of generative AI. Whether a retailer using AI only for its own images is covered is not clearly settled.
What applies to deep fakes?
According to a secondary source, deep fakes closely resembling real people or events need a clearly visible watermark.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- South Korea: AI Basic Act (law.go.kr)Korea Ministry of Government Legislation 路 Law 路 22 Jan 2026
- U.S. International Trade Administration: South Korea AI Basic Acttrade.gov 路 Authority 路 29 May 2026
- Korea JoongAng Daily: AI law requires watermarks (secondary source)Korea JoongAng Daily 路 Association 路 21 Jan 2026
