Regulations

New Zealand Privacy Act and Digital Trust in the 21st Century

May 2, 2017

This article is based on a presentation made during the Data Privacy Asia 2016 conference held on 9-11 November 2016. Author Karen Ngan is a commercial law partner at Simpson Grierson (New Zealand) . She co–heads the firm's information and communications technology group and its data protection and privacy group. In this article she discusses some of the challenges with dealing with 21st century privacy issues under a Privacy Act that is over 20 years old. She also covers some of the measures or practices that have been taken to address some of these challenges.

Image of computer screen with lock on office desk representing change in the FCC privacy rules in the U.S.

Data Privacy News

FCC Privacy Rules Gets a Makeover in the U.S. – And It’s Not Pretty

April 20, 2017

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.

Image of EU country flags in front of building representing the new EU General Data Protection Regulation

Data Protection Insights

A Practitioner’s View of the New EU General Data Protection Regulation (GDPR)

March 28, 2017

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.

Image of crowded street with blurred faces representing developments for big data in the privacy and data protection laws in South Korea

Data Privacy Insights

Recent Changes to Privacy and Data Protection Laws in South Korea

October 18, 2016

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?

Image of call center agent with a headset representing the issues for direct marketing in Hong Kong

Data Privacy Insights

Direct Marketing in Hong Kong: A Summary of Key Privacy Issues

July 23, 2016

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.

Image of crowded street in India representing data protection and data privacy laws

Data Privacy Insights

Data Protection and Data Privacy Laws in India

July 23, 2016

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.

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Data Protection Insights

Data Protection – A Tale of Two Cities

May 21, 2016

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.

Image of EU flags in front of building representing European Union GDPR from an Asian perspective

Data Protection Insights

Overhaul of European Union GDPR – An Asian Perspective (Part I)

April 19, 2016

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.

Image of referr giving yellow card to players representing tightening of Malaysia personal data protection standards

Data Protection Insights

Malaysia Personal Data Protection Act – Standards Tightened

April 19, 2016

Following the Malaysia Personal Data Protection Act (PDPA), the Personal Data Protection Standards 2015 sets out the "minimum" standards to be observed.

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Data Privacy Insights

Australian Privacy Regulation Hits Hyperdrive

March 21, 2016

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.