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On 7 November 2023, the National Privacy Commission issued Advisory No. 2023-01, which sets out guidance on the nature of deceptive design patterns and how their use by personal information controllers and personal information processors when securing consent vitiates the consent of the data subject and consequently renders the data processing to be without lawful basis.
This Advisory supplements the recently issued NPC Circular No. 2023-04, or the comprehensive guidelines on the use of consent as a lawful basis for processing data, which, among others, prohibits the use of deceptive design patterns.

On 22 September 2023, the Office of the Court Administrator (OCA) issued OCA Circular 335-2023, providing instructions for trial courts in instances where the prosecution seeks dismissal of criminal cases, based on the new evidentiary standard — “lack of prima facie evidence or reasonable certainty to sustain a conviction” — adopted by the Department of Justice earlier this year.

Baker McKenzie is proud to launch a series of webinars aimed at helping employers understand current employment trends and issues in the South East Asia region. Some of the topics discussed are Alternatives to the Traditional Employment Model, and complexities of Workforce Optimization.

The National Economic Development Authority has issued the implementing rules and regulations of the amended Public Service Act or Republic Act No. 11659, which took effect on 4 April 2023.

The National Privacy Commission issued Circular No. 2023-01, entitled “Schedule of Fees and Charges of the National Privacy Commission”, which sets out their fee schedule for various services, including fees for the registration of Data Protection Officers and Data Processing Systems with the NPC. The Circular takes effect on 8 June 2023. Services rendered or filings done prior to 8 June will not be charged with these fees.

The Department of Labor and Employment recently issued Department Order No. 238, Series of 2023 or the “Rules on the Administration and Enforcement of Labor Standards pursuant to Article 128 of the Labor Code of the Philippines, as renumbered, and Republic Act No. 11058” (“DO 238-23”). DO 238-23 aims to strengthen the visitorial and enforcement power of the Secretary of Labor and Employment to ensure and maintain higher levels of compliance with respect to general labor standards, occupational safety and health standards, and other social legislations among various establishments across different industries.