TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
If IoT data sharing involves the transfer of per - sonal data, it is subject to the PDPA. The collec - tion, processing, and use of personal data must have a specific purpose and legitimate causes. If the transfer of IoT data includes sensitive per - sonal data, such as medical records, health - care information, genetic data, sex life, physi - cal examination or criminal records, the PDPA imposes stricter regulations on its processing and use. 5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures Audiovisual media services in Taiwan, includ - ing traditional radio and television (“broadcast - ing businesses”), are primarily governed by the Radio and Television Act, the Satellite Broad - casting Act, and the Cable Radio and Television Act (collectively, “the Broadcasting Acts”), with the NCC acting as their competent authority. As these acts were enacted prior to the emer - gence of video-sharing platforms and streaming platforms, such as Netflix, YouTube and Spotify, these modern services are currently outside their regulatory scope. Although the NCC proposed the Draft Digital Services Act in 2020 and the Draft Act Governing Internet Audiovisual Servic - es in 2022 to address this regulatory gap, neither Broadcasting businesses are required to apply for licences from the NCC prior to offering broad - casting service in Taiwan. • terrestrial-based broadcasting: 9 years • cable broadcasting licences: 9 years • satellite-based broadcasting licences: 6 years has been enacted to date. Licensing Requirements
Renewal applications must be submitted before the licence expires to avoid disruptions in ser - vice. Fees for Licensing and Renewal (a) terrestrial-based broadcasting: • the initial licensing: TWD152,000; and • renewals: (i) TWD10.15 million for television services, and (ii) TWD52,000 for radio ser - vices. (b) cable broadcasting: • the initial licensing: TWD150,000; and • renewals: TWD10,000. (c) satellite-based broadcasting: • Licensing and renewal fees: TWD55,000. Restrictions on Foreign Investment Foreign investments in broadcasting businesses is highly regulated: • Terrestrial-based broadcasting: Ownership is limited to Taiwanese nationals or entities, and non-nationals cannot serve as directors or supervisors of the company. • Cable broadcasting: Total direct and indirect foreign investment must be less than 60% of the total shares, and direct foreign sharehold - ing is limited to legal entities and is limited to 20% of the total shares issued. Further, the number of directors or supervisors with Taiwanese nationality must constitute at least two-thirds of the total. • Satellite-based broadcasting: Foreign direct shareholding is capped at 50%.
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