TAIWAN Law and Practice Contributed by: Lihuei Mao, Dennis Yu and David Tien, Lee and Li Attorneys-at-Law
11.2 Intellectual Property Protections As part of the nation’s push to join the Comprehensive and Progressive Agreement for Trans-Pacific Part - nership (CPTPP) and bring its IP framework in line with international standards, Taiwan has conducted a review of its IP rights legislation and taken vari - ous actions to strengthen the protection of IP rights through amendments to the Copyright Act, the Trade - mark Act and the Patent Act in the past few years, thereby establishing a sound legal environment offer - ing comprehensive protection of IP rights. There is no particular sector in which it is difficult to obtain IP protections or in which only limited protections are offered. 11.3 Data Protection and Privacy Considerations Data protection in Taiwan is primarily governed by the Personal Data Protection Act (PDPA) and the Enforce - ment Rules of the PDPA. Some central competent authorities have also stipulated rules with regard to the relevant personal data security measures for the relevant industry sectors under their charge.
Taiwan is currently in dialogue with the EU in relation to an adequacy decision under the General Data Pro - tection Regulation (GDPR) and the government of Tai - wan plans to further amend the PDPA in order to meet GDPR standards. Such amendment would include the adoption of cross-border data transfer restrictions similar to those under the GDPR and the establish - ment of an independent data protection authority. The PDPA applies in principle to all data collection and processing activities taking place in Taiwan, without regard to whether the data subjects are Taiwanese nationals or not. The PDPA does not explicitly provide for extraterritorial application of the PDPA to offshore entities and the position of the authorities is that the PDPA does not have the type of extraterritorial effect as spelled out under the GDPR. A non-government agency will face an administrative fine of up to NTD1.5 million if the non-government agency fails to comply with the PDPA. Potential legal liabilities also include civil or even criminal liabilities.
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