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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Mark Parsons

Posts by Mark Parsons
Posted in Cybersecurity, Data Protection & Privacy, e-commerce Roy ZouAdrian EmchSherry GongAndrew McGintyEugene LowMark Parsons

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019.

This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, … Continue Reading

Posted in Data Protection & Privacy Mark Parsons

India’s Draft Personal Data Protection Bill, 2018: Charting the “Fourth Way”

India’s Committee of Experts, under the chairmanship of Justice B.N. Srikrishna (the Srikrishna Committee), has submitted a draft Data Protection Bill (the Bill) for review by the Ministry of Electronics and Information Technology. The Srikrishna Committee tabled the Bill alongside a report entitled “A Free and Fair Digital Economy – Protecting Privacy, Empowering Indians” (the committee report).

India Charts its Continue Reading

Posted in Policy & Regulation, Technology Roy ZouAndrew McGintyMark Parsons

Evolving landscape for international cloud providers in China: why US technology giants are pairing up with local partners

Foreign investment in cloud services is heavily restricted in China. For years, international cloud operators have been struggling to identify structures that address regulatory concerns, but at the same time enable a service delivery model that is consistent with international offerings. Teaming up with Chinese companies is not something new, but it has become a more prominent feature in the … Continue Reading

Posted in Data Protection & Privacy Mark Parsons

Asia Data Protection and Cyber Security Guide 2018

As global focus on data protection and cyber security law and regulation continues to increase, the Asia-Pacific region is increasingly an area of concern for global compliance programs.

Much of the focus internationally has been on preparations for the May, 2018 implementation of the EU GDPR. However, the APAC region is also noteworthy for a number reasons, including China’s ongoing … Continue Reading

Posted in Policy & Regulation, Technology Roy ZouAndrew McGintyMark Parsons

PBOC opens the door for foreign payment institutions

1. Overview

On March 21, 2018, the Chinese central bank and regulator of payment services operators (“PSOs“), the People’s Bank of China (the “PBOC“) circulated PBOC Announcement No.7 of 2018 (the “Announcement“) lifting the de facto but unwritten ban on foreign institutions’ accessing the Chinese online payments and settlement market. The move will allow

Continue Reading
Posted in Policy & Regulation Mark Parsons

HKMA reboots virtual banking

On 6 February, 2018, the Hong Kong Monetary Authority (the “HKMA”) published draft revisions to its “Guideline on Authorization of Virtual Banks” (the “Draft Guideline”).

The framework will support the authorization in Hong Kong of ‘virtual banks’, defined as banks which deliver retail banking services primarily, if not entirely, through the internet or other electronic channels … Continue Reading

Posted in Policy & Regulation Mark Parsons

The Dawn of a New Era: The HKMA launches its Open API consultation

On 11 January, 2018, the Hong Kong Monetary Authority (the “HKMA”) published its “Consultation Paper on Open API Framework for the Hong Kong Banking Sector” (the “Consultation Paper”). The Consultation Paper summarizes the approach the HKMA has taken to date in actioning the “Open API” initiative announced by HKMA Chief Executive Norman Chan on 29 September, 2017: one of seven … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Mark ParsonsAndrew McGintyJun WeiRoy Zou

China’s revised draft data localisation measures

On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“).

The draft emerged just over a week after public comments closed on the first draft of … Continue Reading

Posted in Data Protection & Privacy Mark Parsons

SFC Proposes Baseline Cyber Security Requirements for Internet Trading

The Hong Kong Securities and Futures Commission (“SFC”) has issued a paper containing proposals to introduce cyber security guidelines under the Securities and Futures Ordinance (the “SFO”) applicable to internet brokers (the “Cyber Security Consultation Paper”). Comments are open through 7 July 2017.

The Cyber Security Consultation Paper reflects a sharpening of focus by the SFC on cyber security issues. … Continue Reading

Posted in Data Protection & Privacy Mark Parsons

China’s Data Localization Measures Open for Comment

On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the Draft Export Review Measures). Public comments are open through 11 May 2017.

The main legislative purpose of the Draft Export Review Measures is to … Continue Reading

Posted in Data Protection & Privacy, Technology Mark Parsons

Asia Pacific Data Protection and Cyber Security Guide 2017

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

Posted in Data Protection & Privacy Mark Parsons

“Cybersecurity Review” Takes Shape in China

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures”) for public comment: the Draft Measures remain open for comments until 4 March 2017.  The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect on 1 June … Continue Reading

Posted in Policy & Regulation Andrew McGintyMark ParsonsNolan Shaw

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns unanswered

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures“) for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from … Continue Reading

Posted in Policy & Regulation, Technology Mark Parsons

The shape of things to come – the HKMA and ASTRI chart a course for blockchain in Hong Kong: legal and regulatory implications

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

Posted in Data Protection & Privacy Mark Parsons

China Passes Controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was 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 is continued … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark Parsons

Proposed changes to the law on data breach notifications in Australia

The law on the notification of data breaches in Australia looks set to change. The Privacy Act 1988 does not currently require companies that suffer a data breach to notify the Australian Information Commissioner (“Commissioner“) or affected individuals. While organisations are encouraged to do so by the Commissioner’s Data Breach Notification Guide (2014), and in practice many … Continue Reading

Posted in Data Protection & Privacy Mark Parsons

Philippines Finalizes Data Privacy Act Implementing Rules

The Philippines Data Privacy Regime

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

Posted in Policy & Regulation Jun WeiRoy ZouNolan ShawAndrew McGintyEugene LowMark Parsons

China to grow big on e-healthcare data

On June 21, 2016, the State Council issued the Guiding Opinions on Promoting and Regulating the Development of the Application of Healthcare Big Data (“Guiding Opinions“). The Guiding Opinions declare that healthcare big data is a fundamental, strategic national resource; recognize that its development will have a significant impact on healthcare and medical treatment; and formulate programmatic plans … Continue Reading

Posted in Policy & Regulation, Technology Jun WeiSherry GongNolan ShawAndrew McGintyMark Parsons

China’s second draft of the Cyber Security Law continues to propose more stringent regulation of cyberspace

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

Posted in Data Protection & Privacy, Policy & Regulation Mark Parsons

Asia Pacific Data Protection and Cybersecurity Guide

The Asia Pacific region is undergoing significant development in data protection and cybersecurity regulation. These changes are impacting all business sectors.

Anticipating a new phase of development across the region we are delighted to share our latest briefing discussing the key trends and issues.

Click on the link below to read all about it. Asia Pacific Data Protection and Continue Reading

Posted in Internet Deanna WongEugene LowMark ParsonsSherry Gong

Towards a Greater Chinese Firewall? – China issues new draft domain name rules

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

Posted in e-commerce Mark ParsonsRoy Zou

China regulates online payment business of non-bank players

China’s online payment market is growing at breakneck speed. In the first three quarters of 2015, the total volume of online transactions processed by payment institutions exceeded RMB 56 billion, and the monetary value of transactions reached close to RMB 3.3 trillion.

But these impressive figures have come with significant “growing pains” in the industry, as the quality of some Continue Reading

Posted in Data Protection & Privacy Mark ParsonsPeter Colegate

Hong Kong Privacy Regulator Issues 2015 Report, Outlines 2016 Focus

On 26 January, Hong Kong’s Privacy Commissioner for Personal Data (Commissioner) published his annual report on 2015 complaints and enforcement activity under the Personal Data (Privacy) Ordinance (PDPO).

The report reveals that 871,000 Hong Kong individuals were affected by data breaches in 2015, compared with 47,000 in 2014. The 98 incidents reported to the Commissioner last year (an increase from … Continue Reading

Posted in Policy & Regulation Jun WeiSherry GongNolan ShawAndrew McGintyMark Parsons

China’s Counter-Terrorism Law enlists the support of Technology Providers (and just about everyone else)

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