Database

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TAIWAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

TAIWAN

Since August 2014

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Second Category of Telecommunications Business Management Rules
Under the Second Category of Telecommunications Business Management Rules promulgated in August 2014, pursuant to Art. 17 of the Telecommunications Management Act, the country has implemented mandatory SIM card registration requirements. In addition, In 2017, the National Communications Commission stated that when applying for a house number or prepaid card, people should apply for dual certificates, and telecommunications businesses (including their resellers) should verify and login user information.
Coverage Telecommunications sector

TAIWAN

Since July 1992, as amended September 2020, last amended in June 2022

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Act Governing Relations between the People of the Taiwan Area and the Mainland Area
In August 2020, the Ministry of Economics, through an amendment to Art. 35 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, announced that Taiwanese companies would be prohibited from providing video streaming services originating from Chinese companies or individuals, specifically targeting iQIYI and Tencent, starting from September 2020. The regulation formally banned Taiwanese companies and individuals from acting as agents or distributors for any Chinese over-the-top (OTT) services, including television or other broadcast platforms, such as the digital television channel service Media on Demand.
Coverage Streaming services

TAIWAN

Since February 1993, last amended in December 2019
Since March 1994, last amended in October 2023
Since 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Foreign Trade Act

Regulations Governing Export and Import Of Strategic High-tech Commodities

Regulation Governing Types of Strategic High-Tech Commodities, Specific Strategic High-tech Commodities and Exportation to Restricted Regions
Under Art. 13 of the Foreign Trade Act, the export of certain high-tech products designated as "strategic" by the relevant authorities requires a licence. Regarding the documentation and procedures for exporting strategic high-tech commodities, Taiwan provides further guidance in Chapter 3 of the "Regulations Governing Export and Import of Strategic High-Tech Commodities". Additionally, the "Regulations Governing Types of Strategic High-Tech Commodities, Specific Strategic High-Tech Commodities, and Exportation to Restricted Regions" define whether commodities, software, or technology fall under the category of Specific Strategic High-Tech Commodities. Chapter 4 of the Foreign Trade Act outlines criminal and administrative penalties contingent on whether the transaction involves a restricted region. Taiwan's list of strategic high-tech commodities imposes export controls on Russia, Belarus, China, Iran, Iraq, North Korea, Syria, and Sudan by requiring an export permit. The list considers dual-use goods and technologies, general military goods, and specific strategic goods. Some export restrictions include:
- Iran: The exportation of the following goods is prohibited: electronic devices, including mineral ores, semiconductors, circuits, resistors and chips, photovoltaic components, battery cells, machinery parts, pumps, furnaces, and automobile motors.
- Russia and Belarus: Prohibited items include electronic devices such as semiconductors, circuits, resistors and chips, machinery parts, pumps, furnaces, and automobile motors.
- China: Export restrictions apply to 12 categories of semiconductor manufacturing equipment, including chemical mechanical polishers, photoresist strippers and developers, rapid thermal processors, deposition apparatuses, cleaning equipment, dryers, electron microscopes, etchers, ion implanters, photoresist coaters, and lithography equipment.
Coverage Strategic high-tech commodities

TAIWAN

Reported in 2021, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in the country for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). Taiwan allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC). The supplier or manufacturer of the equipment declares the equipment meets the technical and administrative requirements on the basis of test reports by a testing laboratory recognized by the regulator. No registration of the equipment with the regulator is required.
Coverage Electronic products

TAIWAN

Since May 1928, as amended in May 2009, last amended in June 2022

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Copyright Act
The Copyright Act, as amended in 2009 with the introduction of Arts. 90-4 to 90-12, establishes a safe harbour regime for intermediaries for copyright infringements. They largely follow the framework of the US Digital Millennium Copyright Act (DMCA). Internet service providers are divided into four categories with different conditions of eligibility of limitation on liability: connection service providers, caching service providers, information storage service providers, and search service providers.
Coverage Internet intermediaries

TAIWAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Taiwan's law and jurisprudence.
Coverage Internet intermediaries

TAIWAN

Since July 2022

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Regulations on the Preparation and Management of Electronic Medical Records by Medical Institutions (醫療機構電子病歷製作及管理辦法)
Pursuant to Art. 8 of the Regulations on the Preparation and Management of Electronic Medical Records by Medical Institutions, when a medical institution utilises cloud services to collect, process, and use electronic medical records, the data storage location of the cloud service should, in principle, be situated in Taiwan.
Coverage Health sector

TAIWAN

Since August 1995, last amended in May 2023

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Personal Data Protection Act (個人資料保護法)
Under Art. 21 of the Personal Data Protection Act (1995), the government may impose restrictions on a cross-border transfer of personal data by a non-government agency if (a) major national interests are involved, (b) an international treaty or agreement so stipulates, (c) the country receiving the data lacks proper regulations on protection of personal data and the data subjects' rights and interests may be consequently harmed, or (d) the transfer to a third country is carried out to circumvent the Act.
Coverage Horizontal

TAIWAN

Since September 2006, last amended in September 2019

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Regulations Governing Internal Operating Systems and Procedures for the Outsourcing of Financial Institution Operation (金融機構作業委託他人處理內部作業制度及程序辦法)
Art. 18 of the Regulations Governing Internal Operating Systems and Procedures for the Outsourcing of Financial Institution Operation (Regulations) deals with conditions upon which a financial institution may outsource its operations to overseas service providers. The financial institution must obtain a confirmation letter from the financial authority of the country where the outsourced services are conducted agreeing to the outsourcing operations. A foreign bank branch in Taiwan, on top of the confirmation letter, shall obtain the letter of consent authorised by its head office or regional head office to the obtainment and use on data, security control and cooperation with the supervisory requirements in Taiwan.
If the financial institution cannot obtain the letter of confirmation from the foreign financial authority, it must submit the following documents to the Financial Supervisory Commission:
- A letter of consent from the service provider, agreeing that where necessary, a person designated by the financial institution may examine the outsourced items. The aforesaid designated person may also be assigned by the competent authority at the expense of the financial institution;
- The evaluation of internal control principles and operating procedure of the service provider;
- The legal opinion indicates the protection of customer data where the service provider is located is not below the condition in Taiwan;
- The financial statements of the service provider audited and attested by a CPA for the most recent fiscal year;
- A statement issued by the service provider certifying that no violation of customer interests, personnel malpractice, information and technology security, or other occurrences have impacted sound business operations in the last three years.
Coverage Financial services

TAIWAN

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Taiwan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

TAIWAN

Since August 1995, last amended in May 2023

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Personal Data Protection Act (個人資料保護法)
The Personal Data Protection Act (PDPA) establishes a comprehensive framework for data protection in Taiwan. Initially introduced in 1995, the Act underwent significant amendments in 2010, including a name change, with the revised version coming into force in 2012. The Enforcement Rules of the Personal Data Protection Act provide further guidelines for the interpretation and implementation of the Act. The enforcement of the PDPA is carried out by ministries, commissions, and local governments. However, due to the decentralised enforcement structure, challenges have arisen. To address these issues and to establish an independent supervisory mechanism for data protection by August 2025, as mandated by the Constitutional Court's 111-Shien-Pan-13 judgement, the Legislative Yuan passed amendments to the Act on 16 May 2023. Article 1-1 of the amended PDPA specifies that the Personal Data Protection Commission (PDPC) will serve as the competent authority for the Act, consolidating enforcement powers previously dispersed among ministries, commissions, and local governments. Following six months of preparation, the Preparatory Office of the PDPC was established on 5 December 2023, assuming responsibility for interpreting the Act from the National Development Council as of 1 January 2024.
Coverage Horizontal

TAIWAN

Since June 2019, last amended in June 2023
Since July 2020

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Telecommunications Management Act (電信管理法)

Regulations on Users of Telecommunications Businesses Inquiring Communication and Account Records (電信事業用戶查詢通信紀錄及帳務紀錄作業辦法)
Art. 9 of the Telecommunications Management Act requires telecom enterprises to retain communications records such as the numbers of the sender and the recipient, time of communication, address, service type, mailbox or location information. The Regulations on Users of Telecommunications Businesses Inquiring Communication and Account Records were established in accordance with the stipulations of Paragraph 3, Art. 9 of the Telecommunications Management Act. Under Art. 4 of the Regulations, telecommunications enterprises must retain communication records and accounting records for at least one year.
Coverage Telecommunications sector

TAIWAN

Since August 1995, last amended in May 2023

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Personal Data Protection Act (個人資料保護法)
Under Art. 22 of the Personal Data Protection Act (1995), the government may, when they deem necessary or suspect any possible violation of the Act, (a) inspect compliance with the security control measures, the guidelines on disposing of personal data upon business termination, and the restrictions on cross-border transfers, or (b) conduct any other routine inspections by having their staff enter non-government agencies' premises upon presentation of their official identification documents and order relevant personnel at the non-government agencies.
In doing so, the government may retain or make duplications of the personal data or the files thereof that can be confiscated or be admitted as evidence. The owner, holder or keeper of such data or files that shall be confiscated or copied shall submit them to the authorities upon request. If the non-government agency refuses to submit or deliver the requested data or files or rejects the confiscation or duplication thereof without any legitimate reason, compulsory enforcement that will do the least harm to the rights and interests of the non-government agency may be applied.
Coverage Horizontal

TAIWAN

Since 1999

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Communications Security and Surveillance Act (通訊保障及監察法)
For law enforcement agencies to access the content of communications, they need either interception warrants or access warrants approved by a court. However, in urgent situations or for specific crimes, the agencies may access the communications without a warrant as long as they obtain it within 24 hours after the surveillance under the Communications Security and Surveillance Act (Art. 11-1). According to a report from the Ministry of Justice, more than 90% of surveillance cases did not require approval from a court. It is reported that the lack of judicial review over surveillance requests has been increasingly normalised.
Coverage Horizontal

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