2022 年 1 月 17 日

Feature Article on China’s Personal Information Protection Law (6) – Processing Requirements for Sensitive Personal Information under the Personal Information Protection Law and Recommendations (Mainland China)

Kaixuan Zhang and Teresa Huang The Personal Information Protection Law provides a definition and common types of sensitive personal information and stipulates that personal information processors shall specifically inform individuals of the relevant circumstances and obtain their individual consent when processing sensitive personal information. Enterprises that process personal information should accurately identify sensitive personal information and establish special "informed consent" rules and protection mechanisms for the processing of sensitive personal information.
2022 年 1 月 12 日

Feature Article on China’s Personal Information Protection Law (5) – Compliance Issues Concerning Enterprises’ Processing of Employee Personal Information under the Personal Information Protection Law (Mainland China)

Joyce Wen and Teresa Huang The PIPL as promulgated puts forward new requirements for the processing of employee personal information in the course of employment, and enterprises will also face compliance risks in the protection of personal information. This article seeks to sort out the highlights of the PIPL concerning an enterprise's processing of its employee personal information.
2021 年 12 月 1 日

Taiwan Fair Trade Commission’s Penalty on Digital Platform — the Foodpanda Case (Taiwan)

In September 2021, Fair Trade Commission fined food delivery platform Foodpanda NT$2 million for its improper restriction on trading counterparts’ business activity and restrain competition constituting a violation of Paragraph 5, Article 20 of the Fair Trade Act. This article analyzes noteworthy aspects of this case and raises issues worthy of further discussion from a private practice perspective.
2021 年 12 月 1 日

The Reasonable Scope for Post-Employment Non-compete clause (Taiwan)

The reasonable scope for post-employment non-compete clause is determined on a case by case basis.
2021 年 11 月 25 日

Feature Article on China’s Personal Information Protection Law (4) – Personal Information Protection Law’s Impact on APP and Internet Operators (Mainland China)

After the Personal Information Protection Law goes into effect, current common practices for collecting information adopted by applications and internet operators may require rectification as the applications and internet operators may be at the risk of violating the laws. This article will explain the legal compliance issues that applications and internet operators should pay special attention to for relevant business operators' reference.
2021 年 11 月 17 日

Feature Articles on China’s Personal Information Protection Law (3) – Special Regulations and Requirements on Cross-Border Data Transmission (Mainland China)

When domestic businesses transfer personal information abroad, legal issues on cross-border information transfer are involved. This article will briefly explain how to legally perform cross-border information transfers, how the oversea receiver should process such information, and how businesses should deal with any cross-border information transfer issues.
2021 年 11 月 1 日

Feature Articles on China’s Personal Information Protection Law (2) – The Impact of “Personal Information Protection Law” on Foreign Information-processors (Mainland China)

The Personal Information Protection Law (“PIPL”) extends the applicable scope of the law to cover foreign activities conducted by foreign entities. This article will briefly clarify the activities conducted by foreign information-processors that would subject them to the PIPL and the obligations and responsibilities that such foreign information-processors should perform.
2021 年 10 月 14 日

Trends in Judicial Decisions regarding Labor Disputes that involve Overtime Salary (Mainland China)

Jolene Chen and Teresa Huang[1] The Ministry of Human Resources and Social Security and Supreme People’s Court issued on June 30th, 2021, the “Typical Cases of Labor and Personnel Disputes,” announcing several judicial decisions regarding labor disputes that involve overtime […]
2021 年 10 月 4 日

Feature Articles on China’s Personal Information Protection Law (1) – Personal Information Protection Law Summary (Mainland China)

Karl Zhang and Teresa Huang[1] On August 20, 2021, the Standing Committee of the National People’s Congress passed the “Personal Information Protection Law (PIPL),” which will come into effect on November 1, 2021.  Its main contents are as follow: 1. […]
2021 年 10 月 1 日

How Can Enterprises Enhance the Protection of Intangible Assets via Employment Agreements (Taiwan)

Elizabeth Pai and Albert Yen[1] “Assets” generally refer to all kinds of economic resources that may be used to reap benefits and typically consist of tangible assets (land, factories, equipment, funds, and inventory, which exist in a specific physical form) […]
2021 年 9 月 22 日

Guidelines for the new Medical Devices Act (Taiwan)

Teresa Huang and Oli Wong[1] Medical devices are governed previously under the Pharmaceutical Affairs Act. On December 13, 2019, the Legislative Yuan adopted the “Medical Devices Act” (the “Act”) through the third-readings procedure, separating the governance of such medical devices […]
2021 年 9 月 1 日

Examples of Monitored Transactions under Article 12, Paragraph 1, Subparagraph 2 of the “Regulations Governing Anti-Money Laundering and Counter-Terrorism Financing for Enterprise Handling Virtual Currency Platform and Transaction” (Taiwan)

Teresa Huang and Jack Hsieh On July 27, 2021, The Financial Supervisory Commission (“FSC”) promulgated the examples (as the table below) of monitored transactions under Article 12, Paragraph 1, Subparagraph 2 of the “Regulations Governing Anti-Money Laundering and Counter-Terrorism Financing […]
2021 年 9 月 1 日

New Regulation Summary: foreign companies’ Taiwan office may be directly converted to a branch office (Taiwan)

Angela Wu[1] 1. Summary of new regulation Generally, the entities of foreign companies investing in Taiwan can be categorized into subsidiaries, branches, and representative offices according to the scope of their intending business operation. Each category has its corresponding registration […]
2021 年 8 月 1 日

Introduction of the Draft Amendments to the Patent Law – Review and Dispute Litigation (Taiwan)

Eddie Shih[1] and Jane Tsai[2] I. Summary of the Draft Amendments to the Patent Law 1. Expiration of the pre-announcement period of the second version of the draft, which is the largest scale of partial amendments in recent years, on […]
2021 年 7 月 16 日

Notes for Shareholders Meetings During the Pandemic 2 – Non-Public Companies (Taiwan)

Teresa Huang and Yuki Chiang Department of Commerce of the Ministry of Economic Affairs announcement: the Central Epidemic Command Center declared on May 19, 2021 that the nationwide Covid-19 Alert has been raised to Level 3, where indoor social gatherings […]
2021 年 7 月 16 日

Notes for Shareholders Meetings During the Pandemic 1 – Public Companies (Taiwan)

Teresa Huang and Jack Hsieh The Financial Supervision Commission (FSC) announced that public companies should suspend the convening of shareholders’ meetings from May 24 to June 30, 2021. The meetings shall be postposed to the period from July 1 to August […]
2021 年 7 月 2 日

Dedicated Sustainable Bond Segment Launched by the Taipei Exchange (Taiwan)

Grace Chou[1] According to the announcement made by the Taipei Exchange, in view of the actual and current needs in the financial market for sustainable bonds and in reference to the custom and practices in the international financial markets, the […]
2021 年 7 月 1 日

Draft EU AI Regulation (Taiwan)

Hannah Kuo and Jaime Cheng[1] On April 21, 2021, the European Commission released a draft proposal for the Artificial Intelligence Act[2] (hereinafter, the “Draft AIA”), which is a continuation of the strategies proposed in the EU’s White Paper on Artificial […]
2021 年 7 月 1 日

Scope of Enterprises Handling Virtual Currency Platforms and Transaction Business under Money Laundering Control Act (Taiwan)

Elva Chuang The Financial Supervisory Commission (“FSC”), as the authority in charge of money laundering prevention for enterprises handling virtual currency trading platforms and transaction business (hereinafter, the “Virtual Currency Enterprises”), prepared and released the draft Regulations on Money Laundering […]
2021 年 6 月 29 日

Starting from July 1, 2021, the status of the FTC’s review of a merger notification application may be checked online (Taiwan)

Aaron Chen & Sally Yang The Fair Trade Commission (“FTC”) issued a press release on June 28, 2021 in which it announced that starting from July 1, 2021, the FTC will provide a way for applicants to inquire online the […]
2021 年 6 月 17 日

Highlights of the Draft Offshore Wind Energy Zonal Development Plan (Taiwan)

Grace Chou[1] Jiselle Ong On May 11, 2021, the Bureau of Energy (“BOE”) of the Ministry of Economic Affairs (“MOEA”) announced the draft Offshore Wind Energy Zonal Development Plan for the Phase III Offshore Wind Energy Zonal Developer Selection Mechanism[2] […]
2021 年 6 月 1 日

Imminent Implementation of the Commercial Case Adjudication Law (Taiwan)

Aaron Chen and Nora Shih [1] After the Commercial Case Adjudication Law (hereinafter, the “Law”) was released on January 15, 2020, it is decided that the Law will go into effect on July 1 this year (2021).  This Law Firm […]
2021 年 6 月 1 日

Introduction to SPACs (Taiwan)

Jaime Cheng, Jack Hsieh[1] Despite being around since the 1990s, in the last two years, we’ve seen a significant surge in the number of public offerings conducted via special purpose acquisition companies (“SPACs”) in the United States.  The number of […]
2021 年 5 月 28 日

Application issues and matters to note after the launch of the new scheme for the determination of mainland area investors (Taiwan)

Teresa Huang and Angela Wu[1] The new version of the criteria for the determination and examination of mainland area investors, i.e., the Regulations for the Permission of Investment in Taiwan by the People from the Mainland Area as amended (hereinafter, […]
2021 年 5 月 24 日

Impact of COVID-19 on Convening Shareholder Meetings – Update

Emily Chueh/Elva Chuang As a follow up of Lee, Tsai & Partner’s previous article on the impact of COVID-19 on convening shareholder meetings, the Department of Commerce of the Ministry of Economic Affairs has issued a press release at 20:46 […]
2021 年 5 月 21 日

Impact of COVID-19 on Convening Shareholder Meetings (Taiwan)

Emily Chueh/Elva Chuang 1. Public companies: The Financial Supervisory Commission has ordered that no shareholder meetings shall be convened from May 24 to June 30; they shall be convened from July 1 to August 31 instead. (1) The Financial Supervisory […]
2021 年 5 月 17 日

Tort and Civil Liability of Juristic Persons (Taiwan)

Nora Shih I. Does Article 184 of the Civil Code apply to a tortious act of a juristic person? Under Articles 26 and 28 of the Civil Code, juristic persons are the subject of rights and may enjoy rights, have […]
2021 年 5 月 17 日

Introduction of the Draft Amendments to the Patent Law – Review and Dispute Trial (Taiwan)

Eddie Shih[1] and Jerry Huang[2] The Patent Law of Taiwan was amended in its entirety on January 1, 2013, following by its partial amendments in 2013, 2014, 2017 and 2019.  The Ministry of Economic Affairs released the draft partial amendments […]
2021 年 3 月 5 日

A Brief Introduction to the Criteria and Guidelines for Construction Extension (Taiwan)

Luke Hung[1] I. Mechanisms for handling the delay and extension of a construction period From small private construction projects to large infrastructure projects, the completion schedule of a project is the main concern of the project owner.  If the project […]
2021 年 2 月 1 日

(Too) Big Tech? Google Coming Under Fire (Taiwan)

Ankwei Chen The US Department of Justice (DOJ) filed a complaint (“Complaint”) against Google at the US District Court for the District of Columbia on October 20, 2020, in which it alleged Google of unlawfully maintaining a monopoly in search […]