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Asia Pacific: Deciphering Data Webinar Series – Key takeaways (Webinar)

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In brief

In March 2022, Baker McKenzie’s Data Privacy & Security Team across offices presented the Asia Pacific edition of Deciphering Data, the Firm’s webinar series that aims to help companies and organisations decode complex developments in data privacy and cybersecurity. Our diverse team of cross-border experts offered their expertise and insight in this webinar series to help you understand the legal lay of the land and prepare for the future of privacy in Asia Pacific and beyond.

Key takeaways

  • Trends towards more stringent privacy laws across Asia Pacific: In recent years, we have seen many jurisdictions in Asia Pacific go from having little in the way of data protection, to having strict data protection regimes. Some of these regimes have incorporated GDPR-esque provisions, such as Japan’s amendments to the Act on the Protection of Personal Information (APPI) which came into effect on 1 April 2022. Others, such as China’s Personal Information Protection Law (PIPL), adopt even stricter requirements.
  • Recognition of growing risks associated with personal data and cybersecurity: As stricter, more detailed and sanctionable data protection laws develop in the region, there is also an increase in the risk associated with collecting, storing and processing data. International data transfers, in particular, have grown more complex, with more jurisdictions implementing international data transfer regimes and model contracts.
  • Regulation of Artificial Intelligence (AI) is currently limited but there are frameworks in place:  While the EU undoubtedly leads the way in terms of AI regulation with its AI Regulations expected later this year, jurisdictions across Asia Pacific are yet to implement legislation governing AI from a privacy perspective. However, the principles set out in the EU proposals are being reflected in the non-mandatory AI development frameworks and ethical principles in a number of Asia Pacific jurisdictions such as Australia, Singapore and Japan. These frameworks focus on ensuring transparency, replicability and fairness when implementing AI technology and promote a “Privacy by Design” approach to AI design. 
  • Ensure privacy compliance programs are built around knowledge, organisation, process & procedures and balance for them to be effective and sustainable. There are four key elements to consider to ensure that a company’s privacy compliance program is both effective and sustainable: knowledge, organisation, process & procedures and balance. Companies can only comply with what they know, and keeping a close watch on the data protection landscape is key to maintaining an effective privacy compliance program. Such programs also require an appropriate set of resources and structure that aligns with the business’ priorities and organisation. While the days of one-size-fits-all policies are over, maintaining a standard set of procedures across the board remains essential. With increased globalization, digitalization and growing complexity of products and services, compliance can be difficult when laws are not easily translated into points of action. Companies must be aware of the fast-evolving global and local data protection landscape and be able to respond as appropriate. While the GDPR remains a good starting point in designing privacy compliance programs, it is by no means the only barometer for compliance with local privacy regimes is becoming more nuanced, particularly around the Asia Pacific region. Commercial and operational considerations are also key factors to take into account in the design of a privacy compliance program, with the company’s objectives, stakeholders, structure and resources also playing a critical role in the program’s design.

In more detail

Session 1: Asia Pacific: Deciphering Data Webinar Series – Spotlight on privacy developments (Webinar)

Session 2: Asia Pacific: Deciphering Data Webinar Series – Artificial Intelligence (AI) and privacy (Webinar)

Session 3: Asia Pacific: Deciphering Data Webinar Series – Effective and sustainable privacy compliance programs (Webinar)

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Author

Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Author

Divina Ilas-Panganiban, CIPM is a partner and the head of Quisumbing Torres’ Intellectual Property, Data and Technology Practice Group and co-heads the Technology, Media & Telecommunications (TMT) Industry Group. She participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. She is a member of Baker & McKenzie International's Asia Pacific TMT, and the Asia Pacific Intellectual Property Steering Committees.
Divina is a Certified Information Privacy Manager by the International Association of Privacy Professionals (IAPP). She currently serves as the Vice-President and Director of the Philippine Chapter of the Licensing Executives Society International, the Regional Vice-chair of the LESI's Education Committee, the Co-chairperson of the Committee on Intellectual Property Rights of The American Chamber of Commerce of the Philippines, and the Chairperson of the IAPP KnowledgeNet Chapter for the Philippines.
Divina was recently appointed to be a member of the Advisory Council for Intellectual Property (ACIP) of the Intellectual Property Office of the Philippines (IPOPHL). The ACIP is an advisory board composed of a select group of people from different sector to which IP is of great value. She was recently recognized in the Hall of Fame for Best External Lecturers by the IP Academy of the IPOPHL.
Divina just finished her stint as the chair the Unreal Campaign of the International Trademarks Association (INTA) for East Asia and the Pacific and continues to organize anti-counterfeiting activities in schools and universities around the country, educating the youth about the importance of intellectual property protection.
Divina is a multi-awarded lawyer with a stellar track record in the IP, data and technology fields. She has garnered numerous awards and accolades, including the Woman Lawyer of the Year by the ALB Philippine Law Awards 2023. She has been cited as leading lawyer for intellectual Property and TMT by The Legal 500 Asia Pacific, Chambers Asia Pacific, Managing IP, World Trademark, Asialaw and IAM Patent 1000, among others. Known for her exceptional legal expertise and unwavering commitment to her clients, Divina has established herself as a leader in her profession.

Author

Toby Patten is a partner in Baker McKenzie's Technology and Healthcare teams in Melbourne. He joined the Firm in March 2005.

Author

Kensaku Takase is a partner in Baker McKenzie’s Tokyo office and is the Group Leader of the office's IP/IT/EC Practice Group. Mr. Takase is bilingual (Japanese and English) and focuses on intellectual property law, media law, and information technology law since 1999. He has assisted many companies in various industries with cross-border transactions in the trademark, copyright and design fields.

Author

Florian Tannen is a partner in the Munich office of Baker McKenzie with more than 10 years of experience. He advises on all areas of contentious and non-contentious information technology law, including internet, computer/software and in particular data privacy law. Before joining the Firm, Florian worked for two major law firms and a large US-based technology company.

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