Category

Asia

15 November 2016

China Adopts Cyber Security Law

On November 7, 2016, the Standing Committee of the National People’s Congress of China promulgated the Cyber Security Law of the People’s Republic of China (the “Cyber Security Law”) after three rounds of readings in June 2015, June and October 2016, respectively.  The Cyber Security Law will enter into force on June 1, 2017.  As early as July 1, 2015, the National Security Law of the People’s Republic of China was promulgated, expressly providing that the state shall “safeguard sovereignty and security of cyberspace in the state,” a theme that is reiterated and emphasized in Article 1 of the Cyber Security Law.  The introduction of the concept of “cyber space sovereignty” in the Cyber Security Law echoes the views of President Xi Jinping, who is also the head of the Office of the Central Leading Group for Cyberspace Affairs, and who has stated in February 2014 that “[n]o cyber safety means no national security.”  Critically, the Cyber Security Law may have global implications, as the Law applies to both Chinese and international businesses engaging in the construction, operation, maintenance or use of information networks in China.

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15 August 2016

Singapore Parliament to Bring Up Cybersecurity Bill in 2017

The Singapore government has renewed its emphasis on cybersecurity due to the increase in incidents affecting the private and public sectors both domestically and around the world. As a result, Singapore set up its Cyber Security Agency (CSA) on April 1, 2015, to oversee strategy, education, outreach and industry development. On April 11, 2016, Dr. Yaacob Ibrahim, Minister for Communications and Information, announced that the government would develop a Cybersecurity Act (Cybersecurity Bill), which is expected to be tabled in Parliament next year.

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22 April 2016

South Korea Enacts Stricter Penalties for Data Protection Violations by Telecommunications and Online Services Providers

South Korea has enacted stricter penalties for violations of data protection or privacy requirements by telecommunications and online service providers, including potentially steep damages in the wake of a data breach. The amendment (the “Amendment”) to South Korea’s Act on the Promotion of IT Network Use and Information Protection (“Network Act”) became law on March 22, 2016 and will become effective on September 23, 2016. The Network Act regulates and protects the personal information of individuals (“Information Subjects”) that are collected, used and disclosed by telecommunications and online service providers (“Service Providers.”) Overall, the Amendment provides heavier penalties for violating privacy provisions in the Network Act. The increased penalties and stricter privacy standards are consistent with recent amendments in other Korean privacy laws, such as the Personal Information Protection Act and the Utilization and Protection of Credit Information Act.

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07 March 2016

Technology Companies Should Prepare for Implications of China’s New Anti-Terrorism Law

On January 1, 2016, China’s National People’s Congress Standing Committee enacted the new Anti-Terrorism Law (反恐怖主义法) that gives broad powers to the Chinese authorities to access and handle data held by telecommunications operators and internet providers (together, “Technology Companies”).  This law provides a legal framework to compel Technology Companies to cooperate and assist the Chinese authorities to combat the threat of “terrorism.”

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02 December 2015

The second edition of The Privacy, Data Protection and Cybersecurity Law Review is now available

The second edition of The Privacy, Data Protection and Cybersecurity Law Review appears as the world is converging on more privacy laws that cover more areas of business and are subject to more enforcement. Several Sidley lawyers in the Privacy, Data Security and Information Law practice have contributed to this publication, including Alan Charles Raul, William RM Long, Geraldine Scali, Catherine M. Valerio Barrad, Yuet Ming Tham, Jillian Lee, Takahiro Nonaka, Tasha D. Manoranjan, and Vivek K. Mohan. For a closer look at this developing area of law, please visit http://www.sidley.com/the-privacy-data-protection-and-cybersecurity-law-review-11-2015.

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21 August 2015

Amended Chinese Advertising Law Provides New Tool to Protect Privacy

On April 24, 2015, China amended its Advertising Law for the first time since its initial promulgation in 1994.  The amended Advertising Law (the “Amended Law”) will take effect on September 1, 2015.  In the absence of a comprehensive data protection law in China, the Amended Law introduces certain provisions addressing data and privacy issues, in addition to existing data privacy rules which are scattered in various laws and regulations.

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29 July 2015

New Chinese National Security Law Brings Further Focus to Global Cybersecurity

On July 1, 2015, China’s top legislature adopted a new National Security Law (中华人民共和国国家安全法), highlighting cyber security and paving the way for a coordinated crisis management system.  The law aims to provide a general legislative framework to cover a wide range of areas, ranging from finance, politics, the military and cyber security to culture, ideology and religion.

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20 January 2015

An Update on the Hong Kong Data Transfer Guidance

Section 33 of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) (the PDPO) deals with the transfer of personal data, and prohibits the transfer of personal data outside Hong Kong except in specified circumstances, such as when:

  • the data protection laws of the foreign country are similar to the PDPO; or
  • the data subject has consented in writing to the transfer.

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