November 30, 2018

Circular of the National Medical Products Administration on Issuing the Guidelines for the Registration Review of Medical Devices Used in the Prevention and Treatment of Rare Diseases (Mainland China)

2018.10.12 Di Wu To strengthen the administration of registration of medical devices and products, further enhance the quality of registration review, and encourage the research and development of medical devices used in the prevention and treatment of rare diseases, the […]
November 30, 2018

Circular of the Ministry of Finance and the State Administration of Taxation on the Relevant Tax Policies for Venture Capital Enterprises and Individual Angel Investors (Cai Shui [2018] No. 55) (Mainland China)

2018.5.14 Joyce Wen The Ministry of Finance and the State Administration of Taxation recently issued a circular in which they agreed to provide deductions to venture capital enterprises and individual angel investors on income tax.  The circular primarily stipulates the […]
November 30, 2018

Provisions on the Supervision and Administration of Depository Receipts under the Shanghai-London Stock Connect Scheme (Trial Implementation) (Mainland China)

2018.10.12 Di Wu The China Securities Regulatory Commission (the “CSRC”) promulgated the Provisions on the Supervision and Administration of Depository Receipts under the Shanghai-London Stock Connect Scheme (Trial Implementation) (the “Provisions”) on October 12, 2018 to provide for the issuance, […]
November 30, 2018

Measures for the Administration of the Private Placement Asset Management Business of Securities and Futures Business Institutions (Mainland China)

2018.10.22 Di Wu The China Securities Regulatory Commission (the “CSRC”) promulgated the Measures for the Administration of the Private Placement Asset Management Business of Securities and Futures Business Institutions (the “Measures”) on October 22, 2018.  Effective on the day of […]
November 30, 2018

If a photo on an identity card has been converted by an algorithm and cannot be used to directly or indirectly identify such specific individual, such photo is not regarded as personal data and, therefore, is not governed by the Personal Data Protection Law (Taiwan)

2018.8.30 Sean Liu The Ministry of Justice issued the Fa-Lu-10703513050 Circular of August 30, 2018 (Hereinafter, the “Circular”) to explain that if a photo on an identity card has been converted into irreversible feature values by an algorithm and cannot […]
November 30, 2018

If specific personal data in the medical image data collected by a public agency can be regarded as non-personal data after being de-identified, the Personal Data Protection Law certainly does not apply to any subsequent provision of such data for use by external parties (Taiwan)

2018.9.4 Jenny Chen The Ministry of Justice issued the Fa-Lu-10703512280 Circular of September 4, 2018 (hereinafter, the “Circular”), holding that if specific personal data in the medical image data collected by a public agency can be regarded as non-personal data […]
November 30, 2018

Explanation by the Ministry of Justice concerning whether a government agency may impose a period when a company under investigation for its alleged violation of the Personal Data Protection Law should provide relevant materials (Taiwan)

2018.9.10 Yi-Shan Cheng The Ministry of Justice issued the Fa-Lu-10703511710 Circular of September 10, 2018 (hereinafter, the “Circular”) to communicate that a government agency investigating a company’s alleged violation of the Personal Data Protection Law may request the company to […]
November 30, 2018

The FSC orders that a bills finance company with a net worth of over NT$10 billion and an asset of over NT$100 billion shall set up an information security supervisor (Taiwan)

2018.10.1 Fang-Wei Lin The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Yin-Piao-10702147250 Circular of October 1, 2018 (hereinafter, the “Circular”) to communicate the “other requirements” imposed by the competent authority on a bills finance company under the proviso of […]
November 30, 2018

Restrictions are eased so that a public company acquiring and disposing of securities is not required to ask a certified public accountant to provide an opinion on the range of trading prices (Taiwan)

2018.8.29 Teresa Huang The Financial Supervisory Commission issued the Jin-Guan-Zheng-Fa-1070331908 Circular of August 29, 2018 (hereinafter, the “Circular”) to ease relevant restrictions so that a public company acquiring and disposing of securities are not required to ask a certified public […]
November 30, 2018

A securities investment trust enterprise may invest its own funds in a domestic securities investment consulting enterprise (Taiwan)

2018.9.18 Grace Chiang The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Zheng-Tou-1070334693 Directive of September 18, 2018 to permit a securities investment trust enterprise to invest its own funds in a domestic securities investment consulting enterprise. Under Article 12, […]
November 30, 2018

Unless both parties to an agreement have agreed to a punitive compensation not specifically stipulated in the agreement, it should not be concluded merely based on an ex officio order or pursuant to administrative regulations that such punitive compensation is part of the agreement because both parties have indicated a meeting of minds (Taiwan)

2018.8.29 Emily Chueh The Supreme Court rendered the 106-Tai-Shang-81 Civil Decision of August 29, 2018 (hereinafter, the “Decision”), holding that unless both parties to an agreement have agreed to a punitive compensation not specifically stipulated in the agreement, it should […]
November 30, 2018

The cost of estate management, which is paid out of the estate, is a common good in nature and includes all necessary and indispensable costs for the preservation of the estate (Taiwan)

2018.8.17 Jonathan Chao The Supreme Court rendered the 107-Tai-Shang-1453 Civil Decision of August 17, 2018 (hereinafter, the “Decision”), holding that the cost of estate management, which are paid out of the estate, is a common good in nature and includes […]
November 30, 2018

Launch of Reporting Platform for Information about the Representatives and Major Shareholders of Companies (Taiwan)

Sophia Tsai To accommodate international mutual evaluation on anti-money laundering practices, the Legislative Yuan added a new company information reporting system in Article 22-1 in the amendments to the Company Act on July 6 this year.  To wit, a company […]
November 30, 2018

Provisions of the Supreme People’s Court on Issues Concerning the Enforcement of Notarized Debt Instruments (Mainland China)

2018.9.30 Di Wu The Supreme People’s Court recently issued a judicial interpretation – the Provisions of the Supreme People’s Court on Issues Concerning the Enforcement of Notarized Debt Instruments (Legal Interpretation [2018] No. 18; the “Provisions”) – to further regulate […]
November 30, 2018

Circular of the State Council on Issuing the Program for Optimizing the Port Business Environment to Enhance the Facilitation of Cross-border Trade (Mainland China)

2018.10.13 Di Wu To further optimize the port business environment, implement higher-level measures for facilitating cross-border trade, and promote the stable and healthy development of foreign trade, the State Council formulated the Program for Optimizing the Port Business Environment to […]
November 30, 2018

The MOEA amended Article 3 of the Rules for Facilitating Venture Capital Enterprises to clarify the operating types of venture capital enterprises (Taiwan)

2018.9.21 Elva Chuang Elva ChuangThe Ministry of Economic Affairs (hereinafter, the “MOEA”) amended the Rules for Facilitating Venture Capital Enterprises (hereinafter, the “Rules”) on September 21, 2018 with the effective date retroactive to January 1, 2017.  The amendments are highlighted […]
November 30, 2018

The Regulations on the Implementation or Use of Medical Instruments for Examination Concerning Specific Treatment Technologies were amended to allow autologous cell therapy (Taiwan)

2018.9.6 Sean Tsou The Ministry of Health and Welfare promulgated the Regulations on the Implementation or Use of Medical Instruments for Examination Concerning Specific Treatment Technologies (hereinafter, the “Regulations”) as amended via the Wei-Bu-Yi-1071665803 Directive of September 6, 2018.  Consisting […]
November 30, 2018

Amendments to the Enforcement Rules of the National Health Insurance Act (Taiwan)

2018.9.19 Sophia Tsai The Ministry of Health and Welfare promulgated Article 46 of the Enforcement Rules of the National Health Insurance Act (hereinafter, the “Enforcement Rules”) as amended via the Amendment-Wei-Bao-1071260419 Directive of September 19, 2018.  The amendments are highlighted […]
November 30, 2018

The MOST formulated the Operating Guidelines for the Application to Defer Income Taxes on the Distribution of Shares to Authors in Taiwan by Academic or Research Institutions in Taiwan (Taiwan)

2018.9.21 Yi-Shan Cheng For an academic or research institution which assigns or licenses its intellectual property rights developed on its own and owned by it pursuant to Article 6, Paragraph 1 of the Fundamental Science and Technology Law to a […]
November 30, 2018

Interpretation of the requirements for imposing business taxes on the exchange commissions forwarded by an overseas acquirer to a domestic credit card issuer and on the exchange commissions received from domestic merchants and forwarded by a domestic acquirer to an overseas credit card issuer (Taiwan)

2018.10.3 Tiffany Hsiao The Ministry of Finance issued the Tai-Cai-Shui-10704603930 Circular of October 3, 2018 (hereinafter, the “Circular”) to interpret relevant requirements for filing and paying business taxes on the exchange commissions received from overseas merchants and forwarded by an […]
November 30, 2018

Since road trees which had been assessed to be dangerous trees but had not been removed before the accident occurred affected road safety, the competent authority should assume the national compensation liability for inadequacies in its road tree management (Taiwan)

2018.8.29 Frank Sun The Taiwan High Court rendered the 107-Shang-Guo-3 Civil Decision of August 29, 2018 (hereinafter, the “Decision”), holding that since road trees which had been assessed to be dangerous trees but had not been removed before the accident […]
October 31, 2018

Since labor insurance payment received by workers due to occupational accidents and the right to claim damages from wrongdoers due to an act of tort are not derived from the same reasons, there is no issue of profit and loss offset (Taiwan)

2018.6.29 Jonathan Chao The Supreme Court rendered the 106-Tai-Shang-2031 Civil Decision of June 29, 2018 (hereinafter, the “Decision”), holding that since labor insurance payment received by workers due to occupational accidents and the right to claim damages from wrongdoers due […]
October 31, 2018

Parents who are both insured under employment insurance and who raise at least two children under the age of three may concurrently receive parental leave allowances if they concurrently apply for unpaid parental leave in accordance with the Act of Gender Equality in Employment (Taiwan)

2018.8.8 Tiffany Hsiao The Ministry of Labor issued the Lao-Dong-Bao-One-1070140346 Circular of August 8, 2018 (hereinafter, the “Circular”) to communicate that parents who are both insured under employment insurance and who raise at least two children under the age of […]
October 31, 2018

Administrative Measures for the Bidding and Tendering of Railway Engineering Construction Projects (Mainland China)

2018.8.31 Karl Zhang On August 31, 2018, the Ministry of Transport issued the Administrative Measures for the Bidding and Tendering of Railway Engineering Construction Projects (the “Measures”), which will go into effect on January 1, 2019.  The Measures regulate the […]
October 31, 2018

The principle where if any covenant set forth in an insurance policy does not comply with the concept that full-day hospitalization and daytime or nighttime hospitalization are both hospitalization under the Mental Health Law effective when the insurance contract is established, it is necessary to clarify if there is any violation; and in the event of doubt, an interpretation favorable to the insured shall be rendered (Taiwan)

2018.6.22 Oli Wong The Supreme Court rendered the 107-Tai-Shang-Zi 336 Civil Decision of June 22, 2018 (hereinafter, the “Decision”), holding that if any covenant set forth in an insurance policy does not comply with the concept that full-day hospitalization and […]
October 31, 2018

Electronic Commerce Law of the People’s Republic of China (Mainland China)

2018.8.31 Karl Zhang Recently, the Electronic Commerce Law of the People’s Republic of China (the “Law”) was adopted during the fifth meeting of the Standing Committee of the 13th National People’s Congress in August 2018, later promulgated on August 31, […]
October 31, 2018

The FSC amended the Regulations Governing Identity Verification Mechanism and Transaction Limits for Users of Electronic Payment Institutions (Taiwan)

2018.8.28 Sean Tsou The Financial Supervisory Commission (hereinafter, the “FSC”) amended Articles 6, 8, 12 and 17 of the Regulations Governing Identity Verification Mechanism and Transaction Limits for Users of Electronic Payment Institutions (hereinafter, the “Regulations”) on August 28, 2018.  […]
October 31, 2018

Opinions of the General Office of the State Council on Improving the National Essential Drug System (Guo Ban Fa [2018] No. 88) (Mainland China)

2018.9.13 Karl Zhang To more thoroughly implement the deployment requirements of the National Health and Wellness Conference and the Healthy China 2030 Plan Outline and the deepening reformation of the medical and health system, as well as to further improve […]
October 31, 2018

New Amendments to the Regulations for the Inspection and Examination of Imported Medicaments (Taiwan)

2018.8.22 Fang-Wei Lin Since incidences of drug abuse in Taiwan have increased rapidly in Taiwan, the Taiwan Food and Drug Administration (hereinafter, the “TFDA”) promulgated Articles 3, 4-1, 11, and 22 of the Regulations for the Inspection and Examination of […]
October 31, 2018

Since suspension by a trade association does not require a competent authority’s approval or recordation and does not involve the exercise of public authority, national compensation shall not be sought for suspension by a trade association which is not corrected by the competent authority (Taiwan)

2018.7.17 Frank Sun The Taiwan High Court rendered the 107-Shang-Guo-7 Civil Decision of July 17, 2018 (hereinafter, the “Decision”), holding that since suspension by a trade union does not require a competent authority’s approval or recordation and does not involve […]