On November 2, 2020, Singapore’s legislature finally approved amendments to the Personal Data Protection Act (PDPA). The changes become law once a government gazette is passed (possibly before the end of 2020). If you operate in Singapore, handle Singapore data, or maintain a server in Singapore, it is crucial that you have protocols in place to guide employees on what to do when a data breach occurs and consider doing a data breach tabletop exercise. (We have organized a number of these drills for clients in preparation for breach notification requirements in Australia and now Singapore.) (more…)
Recent changes to Chinese law have broad implications on cross-border data transfer in the course of investigations conducted by non-Chinese regulators. Clients work closely with counsel to navigate potential legal landmines in any defense of an investigation involving data from China.
Just over six months ago, on March 24, 2020, the People’s Republic of China’s (PRC) revised Securities Law (revised on December 28, 2019) (中华⼈民共和国证券法（2019年修订) went into effect. While the revised Securities Law affects many aspects of China’s securities law framework (including the registration of new securities for initial public offerings, disclosure requirements, and investor protection rules), a new “blocking” provision is particularly notable. Specifically, Article 177 of the revised Securities Law prohibits non-Chinese securities regulators from conducting investigations within China and prevents Chinese individuals and entities from providing information to such regulators without first receiving approval from the China Securities Regulatory Commission and/or other competent departments under the State Council.
On 22 August 2019, the Cyberspace Administration of China (CAC) announced the implementation of the Online Protection of Children’s Personal Data Regulation (儿童个人信息网络保护规定), (“the Regulation”) which came into force on 1 October 2019. The Regulation comprises a list of rules which seek to ensure the safety of children’s personal data and promote a healthy upbringing for children.
This constitutes the latest step in China’s drive to sophisticate its data protection regime and adds to legislation under the framework of the Cybersecurity Law, implemented in 2017. It contains similarities to the Children’s Online Privacy Protection Act (COPPA) in the U.S. and the GDPR in the EU.
As there is no official English translation of the Regulation, this article summarises its key points.
The Chinese government is proposing heightened requirements on cross-border transfers of personal information from China, recently publishing draft Measures on Security Assessment of Cross-border Transfer of Personal Information (the “Draft Measures”). This comes less than a month after the Chinese government issued another draft Measures for Data Security Management which require network operators to conduct a security assessment for any transfer of important data (i.e. any data that may directly affect China’s national security, economic security, social stability, or public health and security if leaked) to overseas. The Draft Measures now focus on the cross-border transfer of personal information by network operators and are viewed as a continuous effect of the Chinese government to strengthen the data protection in China.
The Malaysia Personal Data Protection Act applies to all companies operating in Malaysia, as well as persons not established in Malaysia, if they use equipment in Malaysia for the processing of personal data otherwise than for the purposes of transit through Malaysia. (more…)
Singapore may soon mandate data breach notifications and data portability via amendments to the Singapore Personal Data Protection Act, or PDPA. The PDPA applies to all organizations that collect, use and disclose data in Singapore, and the PDPA has extraterritorial effect as it applies to all organizations collecting, using or disclosing personal data from individuals in Singapore (whether or not the company has a physical presence in Singapore).
*This article was originally published by DataGuidance in October 2018.
On 6 September 2018, the Monetary Authority of Singapore (‘MAS’) issued a consultation paper on its draft notice on cyber hygiene (‘the Notice’) which will require financial institutions operating in Singapore to implement a set of fundamental controls to raise their overall level of cyber resilience. Han Ming Ho and Yuet Ming Tham, partners at Sidley, discuss and focus on the key features of the draft Notice.
On August 7, a group of regulators from 11 jurisdictions published a consultation (the Consultation) on the Global Financial Innovation Network (the GFIN), which aims to promote international cooperation on innovation and the use of technology in financial services (FinTech) and in regulatory processes (RegTech).
The group — which includes the U.S. Consumer Financial Protection Bureau, the UK Financial Conduct Authority (the FCA), the Hong Kong Monetary Authority (HKMA) and the Monetary Authority of Singapore (MAS) — is one of the first major collaborative efforts on FinTech and RegTech issues among regulators in developed financial services markets. The Consultation builds on the FCA’s proposal earlier this year to create a “global sandbox” for innovative financial services firms.
This post summarizes the proposed role of the GFIN, the issues on which its founding regulators are consulting and how these may affect financial services firms.
The Hong Kong Office of the Privacy Commissioner for Personal Data (the “Hong Kong Data Privacy Commissioner”) has recently published compliance guidance on the upcoming GDPR to raise awareness in Hong Kong companies about the potential effects and reforms needed in order to comply with the new GDPR requirements. (more…)
On March 6, 2018, Singapore announced that it has joined the APEC Cross-Border Privacy Rules (CBPR) system as well as the APEC Privacy Recognition for Processors (PRP) program. Singapore is the sixth member of the CBPR system, which includes Canada, Japan, Korea, Mexico and the United States, and is the second member of the PRP program after the US. (more…)