Reading Time: 5 minutesCyber fraud and the hacking of email accounts is an increasingly common occurrence nowadays. The shipping and international trade industries, where large sums of money are regularly remitted, has become an increasingly attractive target for cyber fraudsters. The question that arises where there is cyber fraud and monies are intercepted while in transit between payor […]
Reading Time: 14 minutesINTRODUCTION As our world becomes ever more digitalised and data-driven, cyberattacks and data security breaches have surfaced as prominent threats to businesses and individuals alike. The increasing emergence of threats originating in the digital space has rendered the conduct of business more complex by necessitating the urgent adoption of new cybersecurity and data protection measures. […]
Reading Time: 4 minutesIntroduction In a recent case HKSAR v Chu Tsun Wai [2019] HKCFA 3, the Court of Final Appeal (“CFA”) set out the basis to which a cyber-attacker may be found guilty for damaging the other’s property by misusing the victim’s computer through the victim’s website. Background On 12 October 2014, Mr Chu Tsun Wai (“Mr Chu”) took […]
Reading Time: 4 minutesIntroduction The wide interpretation of the charge of “obtaining access to computer with a view to dishonest gain for himself or another” under section 161(1)(c) of the Crimes Ordinance (Cap 200) (the “s.161(1)(c) Charge”) was considered in the Court of First Instance (“CFI”) in Secretary for Justice v Cheng Ka Yee and others[2018] HKCFI 1809, which was […]
Reading Time: 7 minutesIn the case of a company that has sued its employee (“Employee”) for breaching a Non-Disclosure and Non–Competition Agreement limiting the Employee from working for the company’s competitors (non–competition agreement), several controversial assessments and legal precedents have followed. As made by the Commercial Arbitration Council (CAC), these have delivered different opinions to the concerned parties, […]
Reading Time: 5 minutesA recent survey by cyber security company McAfee found that only one in three Singaporeans ranked protecting their identity as their top cyber security priority. In today’s age of technology, people have become all the more vulnerable to cybercrimes, with identity theft being especially prevalent. Anyone can be a victim of identity theft, yet so […]
Reading Time: 5 minutesWith the recent judgment by the Singapore International Commercial Court on the wrongful reversal of Bitcoin and Ethereum trades by a centralised exchange operator[1], we are beginning to see blockchain technology slowly creeping into traditional dispute resolution. That dispute, however, was only capable of being adjudicated through traditional legal means because the relevant transactions occurred […]
Reading Time: 4 minutesIntroduction The offence of “access to a computer with dishonest or criminal intent” under section 161 of Crimes Ordinance (Cap. 200) (the “Offence”) has been widely used by the prosecution for cases including taking upskirt photos, hacking, cyber frauds and leaving provocative comments on the internet. In a recent ruling of the Court of First […]
Reading Time: 9 minutesWhat are the obligations under the GPDR? A company is required to comply with several conditions in order to lawfully process personal data pursuant to the GDPR provisions. The processing should be lawful and transparent, for a specified purpose, limited to the relevant data necessary in relation to this purpose, and appropriately secured. At a […]
Reading Time: 5 minutesIntroduction Less than 20 years ago, three quarters of all stored information was in non-digital form: names were itemized on municipal registers, identification numbers were held in national healthcare systems, and passport numbers were recorded on immigration forms. Today, more than 98% of the world’s stored information is in digitized form: our collective ‘data’ now […]
Reading Time: 8 minutesIn this two part series, Lawyer Yeong WanHsi discusses the various data protection regimes which have been implemented across the globe, the types of protection that they provide and the legal considerations which companies should bear in mind. In the second part of this series, WanHsi elaborates on the various data privacy policies and data […]
Reading Time: 5 minutesIn this two part series, Lawyer Yeong WanHsi discusses the various data protection regimes which have been implemented across the globe, the types of protection that they provide and the legal considerations which companies should bear in mind. In the first part of this series, she compares the European Union’s GDPR with Singapore’s PDPA and […]
