What does this cover?

The Office of the President has ordered that a number of changes (the Amendments) are to be made to Taiwan's Personal Data Protection Law (PDPL).

The Amendments will make the following changes to the PDPL:

  • Written consent will no longer required for the collection of processing of non-sensitive personal data;  
  • Written consent from data subjects will now be required for the collection or processing of 'special' or sensitive personal data; and  
  • Criminal sanctions introduced for serious breaches involving intention to commit such violations, including imprisonment of up to 5 years and fines of up to NT $ 1,000,000 (c. EUR 27,000).

It is expected that the Amendments will come in to force at some point during the first half of 2016, but the exact date has yet to be confirmed.

What action could be taken to manage risks that may arise from this development?

In preparation for the Amendments coming in to force, organisations operating in Taiwan should ensure that mechanisms are put in place to ensure data subject consent is provided prior to the collection or processing of 'special' or sensitive personal data.