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Tag Archives: Asia

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation

Asia Pacific Data Protection and Cybersecurity Regulation: 2018 in Review and Looking Ahead to 2019

What is in store for data protection and cyber security regulation in Asia Pacific (APAC) in 2019? 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 promulgation of an important GDPR-inspired national standard in China and the tabling of a draft data protection law in India that shares the same lineage. Rising public awareness of data

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 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 Advertising, Policy & Regulation Photo of Eugene Low

Episode two: Hong Kong relaxes regulations on product placement

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 Standards and Generic Code of Practice on Television Advertising Standards (together, the “Codes“) in our article: Opening the door for product placement in Hong Kong? (link). The CA conducted a one-month public consultation in

Posted in Cybersecurity, Internet, Policy & Regulation, Technology

TMT China Brief – Summer 2018

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 question is how this law is going to be interpreted and implemented. In this edition, we will look at various draft/trial measures which provide further insight on key topics such

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 Policy & Regulation, Telecoms & Broadband Photo of Eugene LowPhoto of PJ Kaur

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

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 calls as nuisance, with many not answering or hanging up soon after. Considering public sentiment towards P2P calls, the Hong Kong Commerce and Economic Development Bureau (“CEDB“) recently launched a public consultation

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, 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 Harriet Pearson

Changes in Japan Privacy Law to Take Effect in Mid-2017; Key Regulator Provides Compliance Insights

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 advisors for a special briefing in our Washington, D.C. offices. Click here for our summary of the insights they shared on the amended law and how companies doing business in

Posted in Policy & Regulation, Technology Photo of Andrew McGintyPhoto of Nolan Shaw

Draft legislation to affect China cloud services market access

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 addition to introducing a number of minimum service requirements that cloud operators must observe, the Draft Circular is of particular interest to the industry due to the rules it sets out for market

Posted in Entertainment & Content, Policy & Regulation Photo of Sheri JeffreyPhoto of Jun WeiPhoto of Lu ZhouPhoto of Nolan Shaw

Now playing: New film law impacts the Chinese silver screen

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 in the making. A “law” in China is a specific term for legislation passed at the national level. Similar to a broad statutory regime in other countries, follow-on regulations are typically promulgated

Posted in Technology Photo of Deanna WongPhoto of Eugene LowPhoto of Zhen Feng

IP aspects of China’s new controversial Cyber Security Law

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 is on-going controversy coupled with uncertainty, with multi-national businesses in particular questioning the intent behind the law and criticising its vagueness. All in all, the direction of travel is towards a much

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 Internet, Policy & Regulation Photo of Jun WeiPhoto of Sherry Gong

CAC issued draft regulations: Cyberspace protection of minors is on agenda

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 interpreted as a citizen of China.  However, in the Guidelines for Personal Information Protection within Information Systems for Public and Commercial Services on Information Security Technology (the “Guidelines“), the same term is defined as

Posted in e-commerce Photo of Adrian EmchPhoto of Andy Huang

Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel

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 from their bank accounts.  These devices are typically distributed by the banks to their customers. The Anhui AIC considered the companies’ conduct to amount to market partitioning, prohibited under Article 13 of the Anti-Monopoly Law

Posted in e-commerce Photo of Eugene Low

China strengthening consumer protection in e-commerce

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 Chinese Government is stepping up its efforts in enhancing consumer protection ins this space. Recently, China’s State Administration for Industry and Commerce (SAIC) released an Opinion for Online Consumer Protection

Posted in Policy & Regulation Photo of Andy Huang

Chinese antitrust enforcer sanctions TV provider

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 91,600 (around USD 13,700) confiscated, and was fined around RMB 100,000 (approximately USD 15,000). The case dates back to October 2015, when the Inner Mongolia AIC’s local bureau in Xilin

Posted in Policy & Regulation, Technology, TMT2020 Photo of Ally SmithPhoto of Justin Tong

TMT2020: Drawing a Line in the Sandbox – Boundaries for FinTech Regulation in Singapore

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 and the people and businesses who create it. Having recently celebrated its 51st year of independence, Singapore continues its march towards becoming the world’s first Smart Nation by fully harnessing

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