TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
• The MOHW restricts “social worker offices” from transmitting personal data of parties involved to Mainland China. Many associations have established self-regula - tory codes for the use of emerging technologies, such as the “Operational Guidelines for Finan - cial Institutions Using Emerging Technologies”, “Principles for the Use of Emerging Technologies in the Insurance Industry” and the “Self-Regula - tory Guidelines for Emerging Technology Cyber - security in the Taiwan Securities Association”. Therefore, if the technology agreement involves the use of emerging technologies, businesses need to comply with the corresponding regula - tions according to their industry. 7.2 Service Agreements and Interconnection Agreements Key Points for Telecommunications Service Agreements Under the TM Act, major telecommunications businesses recognised by the NCC, such as Chunghwa Telecom, must establish standard service contract terms that specify the rights and obligations with users, and submit them for approval before implementation. The contract terms should include but not limited to the fol - lowing items: • service area and content; • service fees and conditions; • performance guarantees for prepaid services; • handling and fee deduction methods in the event of errors, delays, interruptions, or failure to deliver due to telecommunications network disruptions or blockages; • restrictions and conditions regarding the col - lection, processing, and use of user personal data; and
• confirmation or cancellation mechanism for trial or promotional telecommunication ser - vices. In addition, if a significant dispute arises regard - ing a telecommunications service agreement between telecommunications businesses, they may apply to the NCC for conciliation to resolve the dispute. Considerations for Network Interconnection Agreements According to the TM Act, “interconnection” refers to a “network connection between tel - ecommunications enterprises so as to enable their respective subscribers to communicate with subscribers of the other telecommunica - tions enterprises or receive services provided by the other telecommunications enterprises”. As mentioned in (c) in 6.2 Net Neutrality Regula- tions , telecommunications enterprises may not refuse to negotiate interconnection requests from other telecommunications enterprises. As mentioned in 6.2 ## Net Neutrality Regula- tions , the NCC has adopted special regulatory measures for SMP Entities in specific telecom - munications service markets. If an interconnec - tion agreement cannot be reached, each party may apply to the NCC for a ruling. 8. Trust Services and Digital Entities 8.1 Trust Services and Electronic Signatures/Digital Identity Schemes Regulations on Electronic Signatures The Electronic Signatures Act (ESA) is the pri - mary legislation governing electronic records, electronic signatures, digital signatures and rel - evant certification authorities.
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