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Philippines: National Privacy Commission issues rules for Philippine Privacy Mark certification

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The National Privacy Commission issued Circular No. 2023-05, which provides the prerequisites for certification under the Philippine Privacy Mark Certification Program. The Program allows organizations to obtain a Privacy Mark that assures data privacy compliance and secure cross-border data transfers.

In brief

The National Privacy Commission (NPC) recently issued NPC Circular No. 2023-05 (“Circular“), which sets out the prerequisites for certification under the Philippine Privacy Mark Certification Program (“PPM Certification Program“).

The NPC Privacy Mark, obtained through the PPM Certification Program, offers the highest level of assurance on data privacy compliance and secure cross-border data transfers of personal information controllers (PICs) and personal information processors (PIPs). It helps data subjects identify organizations they can entrust their personal data with.

The NPC Privacy Mark is highly recommended for organizations with public-facing data processing systems and those processing large volumes of sensitive personal information.

The Circular took effect on 15 March 2024.

In more detail

The Circular applies to all PICs and PIPs that will seek certification under the PPM Certification Program.

Originally launched in 2021, the PPM Certification Program is a voluntary program that aims to increase trust and confidence in organizations engaged in the processing of personal data, as the Privacy Mark offers the highest level of assurance on data privacy compliance and secure cross-border data transfers.1 It will also enable organizations to reduce risks and demonstrate data privacy compliance. The Privacy Mark helps data subjects identify organizations they can entrust their personal data with.2

The certification process will evaluate an organization’s demonstration of operational compliance with the Data Privacy Act through risk management and assess an organization’s demonstration of having the proper security measures to ensure data protection.

Prerequisites for PICs or PIPs

Prior to applying for certification under the PPM Certification Program, a PIC or PIP must be certified with the following standards:

ISO/IEC 27001 – information security management system (ISMS): specifies the requirements for establishing, implementing, maintaining and continually improving an information security management system within the context of the organization

ISO/IEC 27701 – privacy information management system (PIMS): specifies the requirements and guides for establishing, implementing, maintaining, and continually improving a PIMS in the form of an extension to ISO/IEC 27001 and ISO/IEC 27002 for privacy management within the context of the organization

Failure to comply with the prerequisites shall result in disqualification to apply for certification under the PPM Certification Program.

The NPC will soon release additional guidelines pertaining to the certification scheme.

Recommended action

Clients interested to apply for certification under the PPM Certification Program are advised to first meet the ISO requirements. The NPC Privacy Mark is recommended for organizations with public-facing data processing systems and those processing large volumes of sensitive personal information.

Please feel free to reach out to Quisumbing Torres’ Intellectual Property, Data, and Technology Practice Group for assistance or for further information on the Circular.

1 See https://privacy.gov.ph/npc-launches-ph-privacy-trust-mark-to-add-value-to-business-boost-trust-in-cross-border-data-transfers/.

2 Id.

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Author

Bienvenido Marquez III is a partner in Quisumbing Torres' Intellectual Property, Data and Technology Practice Group. He also co-heads the Consumer Goods & Retail Industry Group and is a member of the Technology, Media & Telecommunications Group. He participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. He is a member of Baker McKenzie's Asia Pacific Intellectual Property Business Unit for Brand Enforcement. He is immediate Past President of the Philippine Chapter of the Licensing Executives Society International (2019-2021), and is currently co-chair of the LESI Asia Pacific. He is also a member of the Anti-Counterfeiting Committee of the International Trademarks Association (INTA). He has been appointed as member of the INTA Asia Global Advisory Council (GAC) for 2022 to 2023, making him the only Philippine representative on the council.

Bien has vast experience in handling IP enforcement litigation, trademark and patent prosecution and maintenance, copyright, data privacy, information security, IT, telecommunications, e-commerce, electronic transactions, cyber security and cybercrime. He has been consistently ranked as a leading individual for Intellectual Property and TMT in Legal 500 Asia Pacific, Chambers Asia Pacific, asialaw Leading Lawyers, Managing IP Stars, Asia IP, and World Trademark Review. He was also recognized as a Volunteer Service Awardee by INTA in 2018.

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

Berenice Joanna G. Dela Cruz is an associate in Quisumbing Torres. She works with various practice groups in the firm, including Corporate & Commercia/M&A, Dispute Resolution, Intellectual Property, Data and Technology, and Employment. Prior to joining the firm, she was a legal intern in the Office of the Solicitor General where she assisted in research, preparation of pleadings, meetings with clients and court hearings. Berenice graduated cum laude from the University of the Philippines College of Law in 2022, and ranked 5th in her batch. She also received the Dean's Medal for Academic Excellence and commendations for her participation in several international moot court competitions. She was newly admitted to the Philippine bar in 2023.

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