Data protection and privacy—Taiwan—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Data protection and privacy—Taiwan—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Taiwan—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Taiwan published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2020).

Authors: Formosa Transnational Attorneys at Law—Yulan Kuo; Jane Wang; Brian Hsiang-Yang Hsieh; Ruby Ming-Chuang Wang

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

Taiwan has a one-piece legislation, the Personal Data Protection Act (PDPA), which affords comprehensive protection with respect to the use, collection and processing of PII by governmental agencies and private entities. The PDPA sets forth statutory requirements that must be met by entities for the use, collection and processing of PII. Special protections are imposed upon an entity if the PII used, collected or processed by the entity falls into the category of ‘sensitive data’, which includes a person’s health records, genetic information, sexual history and criminal history. An entity that violates the requirements imposed by the PDPA will be subject to provisions imposing both civil and criminal liability on the entity. The PDPA also gives an administrative agency having proper jurisdiction the authority to impose administrative penalties upon the entity.

The PDPA does not explicitly

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