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The Court of First Instance has recently discussed the Court’s discretionary power in allowing private companies to be carved out from disqualification orders made against former directors of a listed company under s.214 of the Securities and Futures Ordinance (“SFO”). The Court retains discretion in deciding whether exemptions to disqualification orders should be granted in the circumstances. We discuss the principles and key factors considered by the Court in dealing with such carve-out applications below.

The Ministry of Communications and Information announced plans to build a digitally secure, economically vibrant, and socially stable Singapore during the Committee of Supply 2022 debate on 4 March 2022.
The new initiatives will enhance the cyber resilience of Critical Information Infrastructure (CII) sectors and better secure Singapore’s cyberspace. Of particular note, the Cyber Security Agency of Singapore (CSA) will update and expand the Cybersecurity Act to also cover virtual assets (such as cloud-hosted systems), foundational digital infrastructure and key digital services.

The Federal Court of Appeal has today (15 March 2022) overturned a ground-breaking decision in the environment and climate sector. The original decision held that the Commonwealth Minister for Environment owed a common law duty of care to the under 18 Australian population to take reasonable care to avoid causing personal injury or death resulting from Australian carbon dioxide emissions. Today, the Full Federal Court in Minister for the Environment v Sharma [2022] FCAFC 35 overturned that decision and unanimously denied that such a duty of care should be imposed on the Minister. This judgement will have consequences on negligence and liability claims in environment and climate law as well as intergenerational equity obligations.

Following the Government’s announcement on the increase in the Goods and Services Tax (GST) rate starting 1 January 2023, the Committee Against Profiteering (CAP) has been reconvened. The CAP will guard against companies unjustifiably raising prices on the pretext of the increased GST rate and address concerns from consumers regarding such unjustified price increases under the guise of the GST hike.

On 28 February 2022, the Australian Competition and Consumer Commission opened a public consultation on options for legislative reform to address concerns relating to the perceived dominance of certain digital platform services in Australia. The consultation discussion paper outlines options for addressing potential perceived harms to competition, consumers, and business users across a range of digital platform services markets, such as the social media, search, app, online retail and ad tech markets.

Earlier this year, the Malaysian Personal Data Protection Department released several documents to aid data users in their compliance with the Malaysian Personal Data Protection Act 2010 – these include a guide on privacy notices, new codes of practice applicable to the private healthcare industry and the water utilities industry, as well as circulars reminding prescribed classes of data users of their registration obligations.

In an announcement made on 4 March 2022, the Philippine National Privacy Commission officially extended the validity of all existing Certificates of Registration issued in 2021 from 8 March 2022 to 8 March 2023. For Certificates of Registration issued in 2020 or earlier, which are expiring this 8 March 2022, the NPC is directing all affected personal information controllers and personal information processors to renew their registration with the Commission.