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
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
Personal data is an important aspect of most M&A transactions because almost all businesses store information about their employees and customers. For some deals, data is critical, and there is a trend among regulators on a global scale to increase sanctions over data privacy and security violations. There is also a risk that data protection violations may render a deal … Continue Reading
On 15 September, the Hong Kong Monetary Authority (the “HKMA”) issued a letter drawing its authorized institutions’ attention to the increasing importance of cyber security risk management.
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
A recent appeal against an enforcement notice issued by the Privacy Commissioner for Personal Data of Hong Kong raised an interesting and highly controversial issue as to whether, and to what extent, individuals in Hong Kong have a “right to be forgotten” entitling them to deletion of personal data in the public domain.
This label of “right to be forgotten” … Continue Reading
Hogan Lovells’ Asia Data Privacy Guide 2015 provides a practical overview of the rapid pace of change in data privacy regulation across the region and a guide to achieving compliance.
2014 saw the implementation of new comprehensive, “European style” privacy laws in Singapore and Malaysia, the amendment of China’s consumer protection law to include data privacy principles and a further … Continue Reading
On Thursday, 14 May, Hogan Lovells data protection lawyers Mark Parsons and Eugene Low will host an in-person discussion at Hogan Lovells’ offices in Hong Kong to take stock of where Asia is in terms of data privacy regulation, and to help chart a roadmap to compliance. The focus will be on identifying “hot spots” for businesses operating across the … Continue Reading
On 29 March, the Hong Kong Privacy Commissioner for Personal Data (the “Commissioner“) published a guidance note that supplements previous guidance on the use of closed circuit television systems and for the first time addresses the increasing use of unmanned aircraft systems (“UAS“, or, more popularly, “drones”). The Commissioner’s guidance is the first significant regulatory engagement … Continue Reading
On 29 December, 2014, Hong Kong’s Privacy Commissioner for Personal Data (the “Commissioner”) published a guidance note concerning the potential implementation of section 33 of the Personal Data (Privacy) Ordinance (the “PDPO”), which would restrict the export of personal data from Hong Kong.
The Commissioner’s view is that publication of his guidance will help businesses prepare for the eventual implementation … Continue Reading
Privacy regulators are increasingly turning their attention to the manner in which mobile apps collect, process and transmit personal data.
On 9 December, 21 privacy enforcement authorities around the world issued an open letter to seven of the world’s leading app marketplaces calling on them to make app privacy policies available to users prior to downloading.
The open letter was … Continue Reading
In a video interview, Hogan Lovells partner Mark Parsons presented the Asian debate on net neutrality. Citing greater retail competition in certain Asian markets, Parsons pointed out that the US debate cannot be transposed as-is to Asia. A “market by market” approach is required, says Parsons. Many Asian markets have “fantastic broadband speeds, so you don’t see so many … Continue Reading
New operating models – new challenges
As businesses in Asia grow in scale and complexity, they are increasingly turning to outsourcing and large scale technology procurement, including the deployment of cloud technologies, to support their operations and gain competitive advantage.
These initiatives reflect both a maturing of operational strategies for businesses in the region and increasing cost sensitivity.
At the … Continue Reading
Japan, Hong Kong and Singapore permit net neutrality traffic control measures as long as they are fair and open. In contrast, South Korea permits network operators to block traffic or charge extra fees to the users of certain applications. The different policy approach in South Korea may be due to the country’s desire to be the world leader in 5G … Continue Reading
Online sales in China are booming. Gigantic figures are regularly trotted out by commentators to illustrate the size of the online market, such as the recent jaw-dropping figures for online sales for China’s answer to St. Valentine’s Day, Singles’ Day (光棍节). That market is underpinned by payment services, and the number of payment services providers, and online payment services providers … Continue Reading