TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
Copyright Protection Modern users enjoy sharing various types of content, such as text, images and videos, on social media. If such content is copyright-pro - tected, the uploader or sharer may infringe on others’ copyrights, and the social media opera - tor providing the service could also face legal risks for being deemed to be facilitating or par - ticipating in the infringement. To balance the protection of copyright owners and the development of the internet industry, the Copyright Act provides safe harbour provi - sions. If specific requirements are met, online service providers offering social media ser - vices are exempt from liability for users’ copy - right infringements. Common requirements for exemption, for example, are that online service providers must: • Inform users of copyright protection meas - ures through contracts, electronic transmis - sion, automated detection systems or other means, and ensure these measures are effectively implemented. Users must also be informed that services may be terminated entirely or partially after three infringement incidents. • Publicly announce contact details. • Co-operate with copyright owners to imple - ment universally recognised copyright protec - tion or identification technologies approved by the competent authority. In addition to the common requirements above, different types of online service providers must comply with other specific requirements for exemption. 10.2 Regulatory and Compliance Issues The MODA is the competent authority for social media platforms conducting online advertis -
(b) temporarily suspend services for a reasonable period to users publishing fraudulent advertisements or those signifi - cantly involving fraud. Online advertising platform operators that fail to comply will be jointly liable with the advertising commissioner or funder for damages incurred by individuals misled by the fraudulent adver- tisements. Personal Data Protection Social media operators must comply with the PDPA when collecting, processing and utilising user data. If the social media operator conducts business involving data processing, it must also comply with “Regulations Regarding the Secu - rity Maintenance and Administration of Personal Data Files in Digital Economy Industry”. The key requirements are: • Establishing and implementing a personal data security maintenance plan. • Implementing appropriate data security man - agement measures, such as encrypting files, backing up data and setting up firewalls. • Conducting regular personal data protection education and training for employees. If businesses wish to collect customers’ per - sonal data and use the contact information such as phone numbers or emails to provide product information and promote sales for marketing, they must provide a method for individuals to decline marketing during the initial marketing contact. Once an individual expresses refusal to receive further marketing, the business must immediately cease using their personal data for such purposes.
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