SINGAPORE Law and Practice Contributed by: Lim Chong Kin, Drew & Napier LLC
6.2 Net Neutrality Regulations The IMDA adopts a three-pronged approach to net neutrality in Singapore, which aims to: • facilitate a competitive internet access mar - ket; • improve information transparency so that consumers can better understand the vari - ous internet broadband service choices when selecting an internet broadband package; and • protect consumer interests and ensure that consumers enjoy a reasonable quality of internet access. The IMDA’s policy framework on net neutrality sets out five main requirements: • ISPs and telecom network operators are prohibited from blocking legitimate internet content or imposing discriminatory practices, restrictions, charges or other measures that will render any legitimate internet content effectively inaccessible or unusable; • ISPs and telecom network operators must comply with the IMDA’s competition and interconnection rules in the Converged Code of Practice for Competition in the Provision of Telecommunication and Media Services (TMCC); • ISPs and telecom network operators must comply with the IMDA’s requirements as to information transparency and disclosure to end users of network management practices and typical internet broadband download speeds; • ISPs must meet the minimum broadband quality of service standards prescribed by the IMDA – reasonable network manage - ment practices are permitted, provided that the minimum broadband quality of service requirements are adhered to, and that such
practices will not render legitimate internet content unusable; and • ISPs and telecom network operators are allowed to offer niche or differentiated servic - es that meet the IMDA’s information trans - parency, minimum quality of service and fair competition requirements. 6.3 Emerging Technologies Internet of Things Please see 4.1 Machine-to-Machine Commu- nications, Communications Secrecy and Data Protection . Artificial Intelligence Please see 3.1 Liability, Data Protection, IP and Fundamental Rights . 7. Challenges with Technology Agreements 7.1 Legal Framework Challenges Data Security One challenge that some organisations may face when entering into IT service agreements relates to obligations surrounding data security, particularly where personal data is involved. It is common for organisations seeking to engage third-party IT service providers to enter into a written data processing agreement that sets out each party’s roles and responsibilities in relation to the personal data in question, as well as the specific security measures that would be put in place. In addition, the PDPC requires organisations to design and organise their security arrangements to fit the nature of the personal data held by the organisation and the possible harm that might result from a security breach, and to identify reli -
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