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2022 年 1 月 17 日
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 1 日
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
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
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 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 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
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
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
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
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
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
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
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
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 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
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
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 is determined on a case by case basis.
2021 年 12 月 1 日
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 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
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 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
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
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
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
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.