Intellectual Property & Technology Partner Jack Ow was featured in Asia Business Law Journal on the increasingly stringent legal frameworks concerning data protection and cybersecurity in the APAC region

Intellectual Property & Technology Partner Jack Ow was featured in the article ‘Space Invaders,’ published in Asia Business Law Journal on data protection and cybersecurity of technology in the legal sector. The article was first published on 19 September 2017.

With the recent increase in cyber attacks, Asia Business Law Journal explores how the once abstract concepts of data protection and cybersecurity are quickly gaining traction. There is a clear trend that legal frameworks are becoming more stringent in Asia Pacific (APAC) countries.

One such example is Singapore’s recent draft Cybersecurity Bill, in which Jack commented, “The Cybersecurity Bill gives the Cyber Security Agency (CSA) powers to require any person to assist and co-operate in investigations, and also to take steps to prevent and respond to cybersecurity threats and cybersecurity incidents.”

Regulations concerning the transfer of personal data across jurisdictions are likewise becoming more stringent. “Where international transfers of personal data are concerned, then it is an express requirement under the Personal Data Protection Act (PDPA) that the transferring party must ensure, before transferring personal data overseas, that the receiving foreign party is bound by legally enforceable obligations to provide a standard of protection that is at least comparable to the standard of protection prescribed in Singapore,” Jack advised.

While many believe APAC countries could consider adopting standards to facilitate cross-border data transfer through a harmonisation of the various regimes, Jack rationalised that with differing levels of economic development, harmonisation is likely to face a stumbling block.

However, he shared a reason for optimism. “The cross-border exchange of digital goods, services and even ideas between Asian economies could very well be a key driver toward harmonisation in order to facilitate and regulate intra-Asia trade.”

Please click here to view the full article, as published in the Asia Business Law Journal.

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