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Mark Parsons

Posts by Mark Parsons
Posted in M&A, Technology Photo of Mark ParsonsPhoto of Tommy Liu

How to navigate data protection and cybersecurity issues in M&As in Asia-Pacific

In recent years, the Asia-Pacific (APAC) region has been a core hub of merger and acquisition (M&A) activity, emerging relatively unscathed from the COVID-19 pandemic which has otherwise taken a toll on investment activity in 2020. Despite global economic headwinds and growing geopolitical uncertainties, signs of recovery in APAC deal-making have begun to merge as ambitious investors in the region look for both shelter and new opportunities in a time of unprecedented challenges. As we move at a breakneck pace into the digital era, data becomes more of a critical

Posted in Cybersecurity, Data Protection & Privacy, Drones, Internet, Policy & Regulation, Technology Photo of Mark Parsons

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in a number of jurisdictions towards data localization requirements driven more by “cyber sovereignty,” national security considerations, and protectionist impulses than data protection considerations. Restrictions on the collection and free use

Posted in Data Protection & Privacy, Drones, Internet, Policy & Regulation, Spectrum, Technology Photo of Michele FarquharPhoto of Timothy TobinPhoto of Mark Parsons

The Internet of Things Webinar Series: 2018 in a nutshell and what 2019 has in store for IoT

On 18th December we hosted the final instalment in our Internet of Things Webinar series for 2018 (more to come in 2019!). Michele Farquhar, Tim Tobin, Mark Parsons, and Valerie Kenyon provided a round-up of the hot topics from 2018, including key regulatory and legal developments in the U.S., Europe, and Asia, in areas such as connected vehicles, drones, smart phones, medical devices, and many more. They also provided an insightful look into what developments and changes 2019 has in store. Please click here to listen to the webinar recording.

Posted in Cybersecurity, Data Protection & Privacy, e-commerce Photo of Roy ZouPhoto of Adrian EmchPhoto of Sherry GongPhoto of Andrew McGintyPhoto of Eugene LowPhoto of Mark 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, product safety, data protection, cybersecurity, anti-competitive conduct, and intellectual property infringement. The law also covers all the main players in the e-commerce industry in China, from the platform operators (like Taobao

Posted in Data Protection & Privacy Photo of 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 “Fourth Way” The Bill represents an important milestone for India, which has yet to enact comprehensive, principles-based data protection regulation, lagging a trend set in recent years by Singapore, the

Posted in Policy & Regulation, Technology Photo of Roy ZouPhoto of Andrew McGintyPhoto of Mark 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 cloud space following certain regulatory developments in 2017, notably new licensing requirements issued by the Ministry of Industry and Information Technology (“MIIT”), China’s telecommunications industry and internet regulator, as well

Posted in Data Protection & Privacy Photo of 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 implementation of its Cyber Security Law, the stepping up of data protection laws in Japan and Australia and an overall trend towards stricter enforcement and greater public awareness of their

Posted in Policy & Regulation, Technology Photo of Roy ZouPhoto of Andrew McGintyPhoto of Mark 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 qualifying foreign institutions to provide electronic payments services in respect of both domestic transactions and cross-border transactions, subject to PSO licensing. However, foreign-invested PSOs will be required to localize their data in China. Cross-border transactions initiated

Posted in Policy & Regulation Photo of 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 rather than through physical branches. Consultation on the Draft Guideline is open to the public through 15 March, 2018. The existing framework and the vision going forward Once finalized, the Draft Guideline will replace

Posted in Policy & Regulation Photo of Mark ParsonsPhoto of Tommy Liu

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 programs forming part of the HKMA’s “New Era of Smart Banking”. Our briefing note summarizes and provides commentary on the Consultation Paper, and sets out high level planning for the

Posted in Cybersecurity, Data Protection & Privacy Photo of Mark ParsonsPhoto of Andrew McGintyPhoto of Jun WeiPhoto of Roy 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 the measures, which we discussed in our earlier briefing here (the “First Draft Export Review Measures“).  There was a significant volume of industry commentary, and the Second Draft Export Review Measures do, to an extent,

Posted in Data Protection & Privacy Photo of 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. The SFC notes that in the 18 months up to 31 March 2017, 12 licenced corporations reported 27 cyber incidents – the majority involving access to clients’ trading accounts.  These

Posted in Data Protection & Privacy Photo of 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 clarify the process and requirements relating to the data localisation provisions in the Cyber Security Law, one of the most controversial aspects of the law. While the Draft Export Review

Posted in Data Protection & Privacy, Technology Photo of 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. Key developments include: China’s passage of its Cyber Security Law, which will take effect from 1 June, 2017.  China’s approach to cyber security regulation is highly controversial, introducing data localization

Posted in Data Protection & Privacy Photo of 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 2017. The background to the Draft Measures is that the Cyber Security Law requires that network products and services purchased by operators of “critical information infrastructure” (the definition of which

Posted in Policy & Regulation Photo of Andrew McGintyPhoto of Mark ParsonsPhoto of Nolan 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 1 June 2017. The background to the Draft Measures is that the Cyber Security Law requires that network products and services purchased by operators of “critical information infrastructure” (the definition of which is

Posted in Policy & Regulation, Technology Photo of 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“), as it is referred to throughout the paper, with a focus on how DLT may be used to enhance Hong Kong’s banking system.  Of particular interest is the discussion of a proof of concept project in mortgage loan

Posted in Data Protection & Privacy Photo of 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 controversy coupled with a dose of uncertainty (never a good combination), with multi-national businesses in particular questioning the intent of the law and criticising its vagueness.  The final draft contains a

Posted in Data Protection & Privacy, Policy & Regulation Photo of 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 organisations choose to do so as a matter of good practice and business transparency, notification remains voluntary. The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (“Bill“) was introduced to the House of Representatives

Posted in Data Protection & Privacy Photo of 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 to effectively implement the provisions of the Act. It was not until March 2016 that the NPC was officially formed, and soon after issued draft implementing rules and regulations of the Act (“IRRs“). Following

Posted in Policy & Regulation Photo of Jun WeiPhoto of Roy ZouPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Eugene LowPhoto of Mark 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 for development goals, key tasks, and an organizational framework. Given the Guiding Opinions’ embrace of digitization, the use of data, and information sharing, we expect that a foreseeable campaign to promote the development

Posted in Policy & Regulation, Technology Photo of Jun WeiPhoto of Sherry GongPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Mark 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 rigorous cyber security regulation is in line with international trends.  However, the specific approach to regulation being taken in China is a clear outlier, primarily for the broad and often

Posted in Data Protection & Privacy, Policy & Regulation Photo of 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 Cybersecurity Guide 2016“ We hope you find the information useful. If you have any concerns or want to find out more, please do get in contact with us.

Posted in Internet Photo of Deanna WongPhoto of Eugene LowPhoto of Mark ParsonsPhoto of Sherry 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 try to distinguish fact from fiction. Overview of main changes under the Draft The Draft regulates most aspects of the domain name system in China, and contains various provisions ranging from minimum requirements applicable