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.
2022 年 1 月 1 日

Circular on the Further Prevention and Handling of the Speculation Risk in Virtual Currency Trading (Mainland China)

This article aims to explain the new policy of virtual currency supervision, and clarify the virtual currency business activities that are illegal financial activities
2021 年 12 月 1 日

Provisions on the Establishment of a High-Level Intellectual Property Rights Protection System in the Pudong New Area of Shanghai (Mainland China)

Di Wu On October 28, 2021, the Standing Committee of the Shanghai Municipal People’s Congress announced that, pursuant to the basic principles of law and administrative regulations and the current state of the Pudong New Area, the 36th Session of […]
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

Judicial Interpretation No.810 (Indigenous Peoples Employment Payment in Government Procurement) proclaims unconstitutional Article 24, Paragraph 2 of the “Indigenous Peoples Employment Rights Protection Act”, and shall be amended within a 2 years; cases before such amendment shall be handled per this interpretation (Taiwan)

Judicial Interpretation No.810 proclaims unconstitutional Article 24, Paragraph 2 of the “Indigenous Peoples Employment Rights Protection Act” (Winning tenderer of government procurement with more than a hundred employees shall reimburse employment payment based on “the difference in the number of indigenous people required to be employed in meeting the workforce ratio requirement”), and shall be amended within a 2 years; cases before such amendment shall be handled per this interpretation.
2021 年 12 月 1 日

The Ministry of Economic Affairs adjusts restrictions on technical cooperation to Mainland China — Announce Draft Amendment to Articles 5 and 10 of the “Regulation on Permission for Investment or Technical Cooperation in Mainland China” (Taiwan)

The Ministry of Economic Affairs announced the draft amendment to Articles 5 and 10 of the Regulation on Permission for Investment or Technical Cooperation in Mainland China, adjusting the types of technical cooperation. In addition to delete the provisions requiring Taiwan individuals or entities to apply for prior trademark and copyright transferring approval, the draft included that “a shares transferring case in which its previous investment has been approved by the critical technical-groups convened by the competent authorities” shall apply for approval in advance.
2021 年 12 月 1 日

Supreme Court: Judges Participated in the Final Criminal Judgment shall recuse themselves from the case in Retrial Process (Taiwan)

The Criminal Division of the Supreme Court has consulted and made a unified legal opinion approving a judge’s recusal from the retrial process of a case he/she had adjudicated before.
2021 年 12 月 1 日

Declaration Documents for the Money Laundering Prevention Decree Under Article 17, Paragraph 1 of the “Regulations Governing Anti-Money Laundering and Counter-Terrorism Financing for Enterprise Handling Virtual Currency Platform and Transaction” (Taiwan)

The Financial Supervisory Commission promulgated the declaration documents along with the information and methods for the compliance with money laundering prevention regulations under Article 17, Paragraph 1 of the “Regulations Governing Anti-Money Laundering and Counter-Terrorism Financing for Enterprise Handling Virtual Currency Platform and Transaction”.
2021 年 12 月 1 日

Starting in 2022, employer shall pay for overtime work when an employee engages in non-contracted work outside of normal working hours (day/night shifts) (Taiwan)

Notices on employers’ implementation of employees’ day/night shifts will turn ineffective on January 1, 2022. By then, employees engaging in day/night shifts like document reception and transfer, answering telephone calls, patrolling businesses sites, or emergency notifications, contact, or processing shall return to being governed by the regulations of the Labor Standards Act regarding extended working hours.
2021 年 12 月 1 日

FTC Penalized Agoda’s Use of Competitor’s Name for Keyword Advertising (Taiwan)

The TFTC rendered a disposition of November 4, 2021, holding that Agoda's use of the corporate name of a competitor for its keyword advertisement with the heading that depicts the corporate name of Easytravel in parallel with Agoda's website URL in the advertisement. Since this is an obviously unfair method sufficient to undermine trading order, a fine of NT$1 million was imposed for violation of Article 25 of the Fair Trade Act.
2021 年 12 月 1 日

Draft Summary of “Money Laundry and Terrorist Financing Prevention for Third Party Payment Services” (Taiwan)

With the increasing acceptance of contactless transactions, the position of third-party payment services in assisting cash flows is becoming more and more important. In order to complete the regulation of anti-money laundry policy, the Ministry of Economic Affairs announced a draft which puts third party payment services industry under regulation. This article will give an introduction on the draft.
2021 年 12 月 1 日

Guiding Case No.157 of the Supreme People’s Court – On the Protection of Applied Art under the Copyright Law (Mainland China)

An applied art of originality, artistry, practical applicability, and reproducibility, among which artistry and practical applicability can be separated from each other, may be determined as a work of applied art and protected by the Copyright Law as a work of fine arts. A work of applied art protected by the Copyright Law must be of artistry, and what the Copyright Law protects is the artistry of the work of applied art rather than its practical applicability
2021 年 12 月 1 日

Circular of the Supreme People’s Procuratorate on the 29th Batch of Guiding Cases – On the Public Interest Litigation Case Involving the Prosecution of Zhang and Two Others by the Shanghrao People’s Procuratorate in Jangxi Province for Intentional Damage to Giant Python Peak in Sanqing Mountain (Mainland China)

1. When determining the defendant's obligation of forest ecological environment restoration, the people's court may refer to the expert opinions and the professional opinions issued by the forestry planning and design unit and the competent department of the nature reserve to clarify the specific requirements such as tree species, tree age, location, quantity, survival rate and completion time. 2. If the defendant voluntarily pays a deposit as a guarantee for the performance of the obligation of ecological environment restoration, the people's court may regard the situation as a circumstance of lighter sentencing.
2021 年 12 月 1 日

Measures for the Administration of the List for Serious Violations of Law and Loss of Credit (Mainland China)

Newly amended Measures more clearly explain the criteria to be included on the list for serious violations of law and loss of credit, adjust the administrative measures against the parties on the list and modify the timing for enterprises to be removed from the list.
2021 年 12 月 1 日

Draft Amendment to Parts of the “Regulations Governing the Offering and Issuance of Securities by Securities Issuers” — Shelf Registration for Issuing New Shares (Taiwan)

The Financial Supervisory Commission announced the draft amendment to “Regulations Governing the Offering and Issuance of Securities by Securities Issuers,” creating a shelf registration system for companies with a market value over 2 billion and are listed or over-the-counter for 3 years. Under such a system, after declaring the issuance of securities, its securities may be issued in installments within and under a certain period and declaration quota, so there’s no need to re-declare.
2021 年 12 月 1 日

Legal Aid Law (Mainland China)

Jolene Chen The Legal Aid Law was adopted during the 30th meeting of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on August 20, 2021, and will come into effect on January 1, […]
2021 年 12 月 1 日

The Fair Trade Commission levies punishment on Carrefour for soliciting sponsorship for the opening of its new store (Taiwan)

The Fair Trade Commission held that Carrefour’s sponsorship solicitation for newly opened stores from suppliers who had been supplying Wellcome's 196 supermarkets before their acquisition by Carrefour via its merger with Wellcome constitutes unfair behaviors of considerable impact on transactions order. As such, Carrefouris in violation of Article 25 of the Fair Trade Act.
2021 年 12 月 1 日

Summary of Copyright Protection Regulations for Workers and Businesses of Cultural and Arts (Taiwan)

To protect the rights and interests of workers and businesses in the cultural and arts industry, the Ministry of Culture and the Ministry of Economic Affairs have issued on October 5, 2021, the “Copyright Protection Regulations for Workers and Businesses of Cultural and Arts,” in accordance with “Cultural and Arts Rewards and Promotion Act.” This article summarizes the key aspects of the regulations.
2021 年 12 月 1 日

Progress of Legislation Related to Space Development (Taiwan)

After the Space Development Act read the third time and passed at the Legislative Yuan, the Ministry of Science and Technology (hereinafter, the "MOST"), the competent authority, has prepared the drafts of four related ancillary regulations and completed their pre-announcement pursuant to the authorization under such a law. The ancillary laws are expected to be promulgated in the near future The Executive Yuan Council also adopted the draft Statute for the Establishment of the National Space Organization, which is prepared by the MOST. Currently affiliated with the National Applied Research Laboratories, the National Space Organization (hereinafter, the "NSPO") is expected to be "upgraded" and expanded to be an administrative corporation in the first half of 2022.
2021 年 12 月 1 日

Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in Civil Cases Relating to the Use of Face Recognition Technology to Process Personal Information (Mainland China)

The Provisions apply to civil cases arising from an information processor's use of face recognition technology to process facial information, in violation of law, administrative regulations or an agreement between the parties.
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 12 月 1 日

Changes in Circumstances and Rent Adjustments under the Pandemic: Taipei District Court’s Judicial Opinion (Taiwan)

Recent judgments by the Taipei District Court have disapproved lessees’ claim for rent adjustments on the grounds of the COVID-19 pandemic. However, it is noteworthy that the Court also held that the lessee of a fixed term lease is entitled to claim for rent adjustment according to Article 227-2 of the Civil Code regarding the change in circumstances. Since the change in circumstances due to the pandemic is different from rent adjustments claims on the grounds of a change in real estate value as stipulated under Article 442 of the Civil Code, it should not be bound by the proviso of Article 442, which would prohibit the lessee of a fixed term lease from claiming rent adjustment on the grounds of a change in real estate value. However, recent judgments by the Taipei District Court ultimately disapproved lessees’ claim for rent adjustments primarily because the Court held that such claim should not be made merely due to a drop in income; rather, the reasonableness of each party’s risks and profit distribution shall be taken into consideration.
2021 年 12 月 1 日

The Fair Trade Commission’s Investigation on Apple (Taiwan)

The Fair Trade Commission has begun investigating Apple’s decision not to include accessories when selling new iPhones and Apple’s transactional fee for software developers on App Store and its exclusive payment policy. The result of this investigation is worth following.
2021 年 12 月 1 日

Introduction of the Draft Amendments to the MOEA Regulations Governing the Ownership and Utilization of the Results of Scientific and Technological Research and Development (Taiwan)

The Ministry of Economic Affairs (hereinafter, the "MOEA") proposed the draft amendments to the MOEA Regulations Governing the Ownership and Utilization of the Results of Scientific and Technological Research and Development by adding a dedicated chapter titled "Startups Derived from Research and Development Results" to achieve the objective of creating emerging industries.
2021 年 12 月 1 日

The Fair Trade Commission’s investigation on Citibank (Taiwan)

The Fair Trade Commission will file an investigative report on Citibank’s contract with potential buyers requiring them to not recruit Citibank’s employees. The issue of this so-called No-Poaching Agreement has recently attracted authorities’ attention in the US and Japan. However, There were no relevant cases in Taiwan, so this investigation report is worthy of attention.
2021 年 12 月 1 日

Repeated sentencing of crimes, in whole or in part, in previously passed sentences violates the res judicata principle (Taiwan)

The Grand Criminal Chamber of the Supreme Court held that repeated sentencing of crimes, in whole or in part, from which previous sentences were pronounced constitutes res judicata violation.
2021 年 12 月 1 日

Summary of No.804 Interpretation: Rules regarding “reproduction” and “CD reproduction” under the Copyright Act are constitutional (Taiwan)

Regarding the interpretive issue of reproduction offenses, the justice held that the criminal liability imposed on offenders of illegal reproduction s; the six months minimum imprisonment against certain specified reproduction offenders; and the listing of CD reproduction s offenses as not an offense actionable only upon complaint does not violate the Legal Certainty principle, infringe personal freedom, and not in violation of the Principle of Equality respectively. Nonetheless, legislators shall still pay attention to whether past legislation is disconnected from societal realities and needs amendments.
2021 年 12 月 1 日

Taiwan plans to enact carbon pricing into Climate Change Response Act (Taiwan)

On October 21, 2021, the Environmental Protection Administration of the Executive Yuan issued a draft amendment on “Greenhouse Gas Reduction and Management Act,” renaming it to “Climate Change Response Act”; declaring net zero emission by 2050; introducing International carbon pricing, developing low-carbon technologies and industries, and giving economic incentives mechanisms to be in line with international standards and sustainable development.
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.