Indonesia boasts one of the fastest growing economies in South East Asia. However, rapid growth has not been followed by robust development on the regulatory side, particularly in the case of specific rules regarding personal data protection. Authors Zacky Zainal Husein and Andin Aditya Rahman argue that clear definitions are paramount in setting the tone of any regulations, including Indonesia’s upcoming personal data protection rules. The article discusses how “personal data” is defined in the draft rules and the potential implications of sectoral regulation.
The evolution of Australian legislation around the issue of privacy and data protection continues to gain momentum. Peter Leonard, a Partner at Gilbert + Tobin Lawyers in Sydney leads us through some of the developments that are affecting these important issues in Australia.
Following the Malaysia Personal Data Protection Act (PDPA), the Personal Data Protection Standards 2015 sets out the "minimum" standards to be observed.
The General Data Protection Regulation is the first comprehensive overhaul of European Union data protection rules in 20 years. This two-part article will examine the GDPR’s impact on businesses in Asia, with a focus on territorial scope, controller and processor obligations, and international data transfers.
As personal data protection continue to challenge companies it is becoming apparent that the commissions and other structures that police these issues have become impatient with organisations that are not complying with recommendations. For the first time those companies which have suffered a data breach and been found not in compliance are feeling the wrath of governing bodies.
The article provides a brief overview of the legal framework relating to data protection and privacy and discusses the provisions of relevant data protection and data privacy laws in India. It also discusses proposed legislative changes in India to strengthen and improve the existing data protection regime.
The use and disclosure of personal data for direct marketing purposes is strictly regulated in Hong Kong with more severe consequences for non-compliance than other breaches of Hong Kong privacy law, and is often found to be significantly more onerous than in other jurisdictions. This article summarises some of the key elements of Hong Kong’s direct marketing regime.
In June 2016 the Korean government announced new guidelines on personal data de-identification measures which have contributed to a greater clarity around the use and transfer of personal data for purposes other than those consented to by the data subject. How will they positively impact the big data market?
This article is based on a presentation made during the Data Privacy Asia 2016 conference held on 9-11 November 2016. The new EU General Data Protection Regulation aims to implement uniform data protection rules within the EU, boost the Digital Single Market and increase cooperation across its member states. The current rules have been sharpened to provide more enforcement teeth with penalties up to 4% of annual global turnover or EUR 20 million for firms in breach with the GDPR. In this article Héloïse Bock, a Partner at Arendt & Medernach, a law firm located in Luxembourg, examines the core principles and applicability of the GDPR, and discusses what companies in Asia must do to avoid missteps.
The rolling back of the broadband privacy rules set in place by the Obama administration only a short time ago should concern everyone with a stake in privacy. The Trump government has bowed to pressure from ISPs to allow them to in effect gather browsing data from customers – and then monetise that data through on selling it to marketing and advertising companies. In this article, we examine just how we have arrived at this point.