What is the role of cyber insurance in data protection?

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. […]

DDoS attack – cybercrime for misusing a victim’s computer through the victim’s website

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 […]

HONG KONG: Court of Final Appeal confirms “obtaining access to computer with a view to dishonest gain” should not apply to a person’s own devices

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 […]

Vietnam: Disputes arising from NDA – who volunteers to put “Wukong’s magical circlet” on?

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, […]

Identity theft: What can you do? What does it mean to have your identity taken?

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 […]

Blockchain dispute resolution: a better alternative for the decentralised world?

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 […]

computers_asialawnetwork
Hong Kong Regional Update: When would using a computer be a crime? CFI decision narrowed the scope of application of the offence of accessing a computer with dishonest intent

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 […]

Data Privacy: Obligations under the GDPR and ensuring compliance (Part 2 of 2)

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 […]

Data Privacy: What is the GDPR and who does it apply to? (Part 1 of 2)

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 […]

GDPR part 2_asia law network
Guide to Data Privacy: Considerations for Companies (Part 2 of 2)

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 […]

GDPR_part 1_asia law network
Guide to Data Privacy: Primer (Part 1 of 2)

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 […]

computer screen with spectacles in between (cybersecurity_asia_law_network)
Four things to know about Singapore’s Proposed Cybersecurity Act

Reading Time: 3 minutesOn 8 January 2018, the Government introduced in Parliament for first reading of the long expected Cybersecurity Bill (the “Bill”). Here are four things to know about the proposed new legislation. #1    The role and powers of the Commissioner for Cybersecurity (the “Commissioner”) The Commissioner is given broad statutory responsibilities for overseeing and promoting […]