2016 was an eventful year in the Asia-Pacific region, as data protection and cyber security issues increasingly feature in the news headlines in the Asia-Pacific region as they do elsewhere, our annual publication, the 2017 Asia-Pacific Data Protection and Cyber Security Guide provides you with an update on key regulatory developments and emerging trends in data protection and cyber security.… Continue Reading
Recent changes to Japan’s Act on the Protection of Personal Information and the establishment of a new Personal Information Protection Commission have raised questions about how the world’s third-largest economy plans to implement new domestic requirements and engage internationally on cross-border data transfers, APEC, new technologies, and more.
Hogan Lovells recently hosted some of Japan’s senior data privacy regulators and … Continue Reading
On 25 November 2016, the Ministry of Industry and Information Technology, China’s telecommunications and Internet regulator, issued a draft Circular on Regulating Business Activities in the Cloud Services Market for public comment (“Draft Circular“). The stated aims of the Draft Circular are to improve the cloud services market environment and further regulate business activities in this sector. In … Continue Reading
On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017.
The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years … Continue Reading
China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).
The net result … Continue Reading
On 11 November, 2016, Hong Kong’s Applied Science and Technology Research Institute (“ASTRI“) published its “Whitepaper On Distributed Ledger Technology” (the “DLT Whitepaper“), a substantial research exercise commissioned by the Hong Kong Monetary Authority (the “HKMA“).
The DLT Whitepaper is a useful and well-informed introduction to blockchain, or distributed ledger technology (“DLT“), … Continue Reading
On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“). A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18. The term “citizen” is likely to be … Continue Reading
|On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“). Payment encryption devices are used by bank customers to protect the security of payments|
It is no exaggeration to say that e-commerce is huge in China. E-commerce sales on China’s Singles’ Day (11 November 2016) have been hitting record-high year and year again. This year, it was reported that online consumers of Alibaba’s Chinese website have spent over US$17 billion on the Singles’ Day in just 24 hours.
Amid this popularity of e-commerce, the … Continue Reading
On 7 June 2016, the Administration for Industry and Commerce (AIC) in Inner Mongolia held the Xilin Gol branch of the Inner Mongolia Radio and Television Network Group (Xilin Gol Radio and Television) to have violated the Anti-Monopoly Law (AML).
Xilin Gol Radio and Television was ordered to stop its illegal conduct, had illegal gains in the amount of RMB … Continue Reading
EDITOR’S NOTE: We are excited to present this entry in our TMT2020 series, which reflects the key technology, media, and telecoms legal issues that are expected to impact today’s organizations and tomorrow’s marketplace. It also provides an opportunity to highlight contributions by TMT colleagues across our global offices and practice areas.
Singapore has a strong track-record of courting technological innovation … Continue Reading
The Philippines’ first comprehensive data protection law, the Data Privacy Act of 2012 (the “Act“), took effect on 8 September 2012. The Act mandated the creation of a National Privacy Commission (“NPC“) to implement, enforce and monitor compliance with the Act, with one of its duties to promulgate rules and regulations … Continue Reading
On 6 July 2016, a second draft of the People’s Republic of China Cyber Security Law was released to the public for comment following its second reading by the Standing Committee of the National People’s Congress. The deadline for submitting comments on the second draft is 4 August 2016.
Given the growing cyber threat globally, the Chinese move towards more … Continue Reading
|On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <互联网广告管理暂行办法>), which|
On 26 May 2016, the People’s Court in Shanghai’s Pudong New Area handed down its judgment in Hantao v. Baidu, in which Baidu was sued for inappropriately using information uploaded on dianping.com, a Hantao-owned website and app. The court decided in favor of the plaintiff, and laid out a possible analytical framework for assessing unfair competition aspects in the … Continue Reading
On 18 May, 2016, China’s media regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), issued a decision (the Decision on the Amendment of Certain Rules (“Decision“)) amending five of its rules. This was part of a broader government-wide effort to reform and simplify China’s complex and sprawling system of administrative approvals across … Continue Reading
The Beijing No.1 Intermediate People’s Court recently refused to recognise that there is a “right to be forgotten” under Chinese laws. However, the fact that this issue was expressly raised and discussed in the Chinese court highlights that litigants and courts in China have kept themselves apprised of data privacy developments elsewhere in the world. And while recognising that this … Continue Reading
Anticipating a new phase of development across the region we are delighted to share our latest briefing discussing the key trends and issues.
On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft, and … Continue Reading
EDITOR’S NOTE: We are excited to present this entry in our new TMT2020 series, which reflects the key technology, media, and telecoms legal issues that are expected to impact today’s organizations and tomorrow’s marketplace. It also provides an opportunity to highlight contributions by TMT associates across our global offices and practice areas.
Real-time payments have become an increasingly common way … Continue Reading
On 27 December 2015, China’s National People’s Congress passed the nation’s first comprehensive law on terrorism, the People’s Republic of China Counter-Terrorism Law, which took effect on 1 January 2016.
The Counter-Terrorism Law reflects some important developments that may give some comfort to observers that their voices are being heard, without by any means removing all the concerns.
In … Continue Reading
The letter comes just weeks after a 24 August letter by the Monetary Authority of Singapore (the “MAS”) warning Singaporean-regulated financial institutions of the importance of improving on their intrusion detection measures as … Continue Reading
We are seeing significant increase in the scale and complexity of outsourcing and technology procurement in the Asia region, as businesses look to modernise and build economies of scale into their regional operating platforms. Consolidation of platforms through regional outsourcing arrangements is often being pursued, not just to reduce costs, but also to gain competitive advantage. As regulation across the … Continue Reading