2018 was a momentous year for data protection and cyber security regulation globally – the implementation of the European Union’s General Data Protection Regulation (GDPR) was, of course, the main event. The shockwaves of GDPR hit APAC with full force, coupled with the … Continue Reading
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 … Continue Reading
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
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
The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television Programme … Continue Reading
This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region.
Cybersecurity in China remains a hot topic. The Cyber Security Law is already in place but the … Continue Reading
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
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
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
Businesses may often use peer-to-peer (“P2P“) telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so welcomed by customers in Hong Kong. A 2015 government consultancy study in Hong Kong reports that an overwhelming 96% of call recipients considered such … Continue Reading
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
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