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Taiwan’s Personal Data Protection Act (PDPA) Amendments Passed and Published

On March 2, 2023, the National Development Council proposed three strategies for improving measures to prevent personal data breaches by non-government agencies. These strategies were approved at a Cabinet meeting and include strengthening communication and implementing personal data protection among government agencies, heightening penalties for violations of the Personal Data Protection Act (PDPA), and establishing an independent supervisory mechanism for the protection of personal data in accordance with Judgment 111-Hsien-Pan-13 (2022) and international trends.

On April 13, 2023, the Cabinet approved draft amendments to Articles 1-1, 48, and 56 of the PDPA. Subsequently, the draft amendments were passed by the Legislative Yuan on May 16 and published by the President on May 31. The key amendments are as follows:

1. To comply with Judgment 111-Hsien-Pan-13 (2022), relevant agencies are required to establish an independent supervisory mechanism for personal data protection within 3 years, and the National Human Rights Action Plan requires the establishment of a dedicated agency to address the long-standing problem of decentralized regulation of personal data protection. Therefore, Article 1-1 is amended to specify the Personal Data Protection Commission as the competent authority for the PDPA, and from the date of its establishment, it will be responsible for the duties of central and local government agencies.

2. Given frequent incidents of personal data breaches in Taiwan, it is widely believed that the current penalties under the PDPA are too low to encourage organizations to invest in corresponding resources for personal data protection. Therefore, Article 48 is amended to a fine between NT$20,000 and NT$2,000,000, which shall be imposed on non-government agencies that violate Paragraph 1, Article 27, or fail to establish a security and maintenance plan for the protection of personal data files or a guideline on disposing of personal data following a business termination under Paragraph 2, Article 27. Non-government agencies will be ordered to rectify the violation within a specified period of time, and if they fail to do so, a fine between NT$150,000 and NT$15,000,000 shall be imposed for each occurrence of the violation. Additionally, if the violation is serious, a fine between NT$150,000 and NT$15,000,000 may be imposed and rectification will be ordered within a specified period of time for each occurrence of the violation.

3. Regarding the effective date of the amended provisions, Article 56 is added to specify that Article 48 becomes effective on the date of promulgation, and the effective date of Article 1-1 shall be set by the Executive Yuan.

A preparatory office of the Commission is scheduled to be in operation by August 2023, and a draft organizational law of the proposed new Commission will be submitted to the Legislature for approval in the future.

[1] Executive Yuan, Cabinet Approves Draft Amendments to Personal Data Protection Act, (last visited May 12, 2023).
[2] Executive Yuan, Premier Unveils Strategies to Strengthen Personal Data Protections, (last visited May 12, 2023).
[3] Lin Ching-yin & Evelyn Kao, CNA, Legislative Committee Approves Plans for Data Protection Agency, (last visited May 12, 2023).
Taiwan Amended Parking Facility Act to Facilitate EV Charging Service

Taiwan has been at the forefront of the global efforts towards decarbonization, demonstrating an unwavering commitment to a future of net-zero emissions.

On March 30, 2022, the government unveiled a comprehensive roadmap: “Taiwan’s Pathway to Net-Zero Emissions in 2050”, which envisions a total shift to electric power for all urban public buses and government vehicles by 2030, with all new passenger car and scooter sales set to be electric from 2040.

In a landmark move to support the growing population of EV users, Taiwan's Legislative Yuan passed an amendment to the Parking Facility Act on November 30, 2022. The new legislation mandates dedicated EV parking spots and charging stations in public parking facilities. It also prohibits non-EVs from parking in these dedicated spots to ensure their availability for EV users. The detailed regulations include:

1. To mandate all public parking facilities be equipped with dedicated parking slots and corresponding charging facilities for electric vehicles.

2. The Ministry of Transportation and Communications (MOTC) should determine the proportion of the dedicated parking slots and the installation standards of charging facilities.

3. The MOTC should also develop initiatives and subsidy rules to foster the uptake of electric vehicles.

4. Drivers of non-electric vehicles should not occupy EV-dedicated parking slots.

5. Parking facility operators should inform government authorities, police authorities when motorists violate parking regulations and/or obstruct parking slots reserved for electric vehicles, and

6. In such cases, parking facility operators and government authorities may also tow the vehicle to a proper space.

7. To confirm with the identification of the driver or car owner, government authorities may make a request to the Directorate General of Highways for Vehicle Registration.

Parking facility operators and car drivers who fail to comply with the abovementioned requirements would be subject to a fine between NT$1,800 to NT$3,600 and NT$600 to NT1,200 respectively, according to Article 40-1 of the Act.

This move is set to pave the way for a more EV-friendly environment. With unwavering governmental efforts in promoting zero emission vehicles, the transportation sector is destined for a greener and brighter future.

[1] National Development Council, Taiwan’s Pathway to Net Zero Emissions in 2050 (English Edition), (last visited May 11, 2023).
[2] Lawbank, Parking Facility Act Revised: Public Parking Facilities Should be Equipped with Dedicated Spots and Charging Stations for Electric Vehicles, (last visited May 11, 2023).
Taiwan’s Legislative Yuan Passes Amendments to Intellectual Property and Commercial Court Organization Act, Strengthening Protection of Trade Secrets

On April 11, 2023, the Legislative Yuan passed the Judicial Yuan’s proposed amendments to Articles 3, 6, 9, 10, 12, 13, and 15 to 18 of the Intellectual Property and Commercial Court Organization Act. These changes bring the Act into alignment with the new system of trade secrets protection stipulated in the Intellectual Property Case Adjudication Act and accommodate the elevation of National Core Key Technology related trade secrets to the national security level. The aim is to achieve greater professionalism, speedier trials, and enhanced international competitiveness. The main points of the amendments to the Act are as follows:

1. Jurisdiction over first-instance criminal cases involving violations of Articles 13-1 to 13-4 of the Trade Secrets Act and second-instance criminal cases involving violations of the Trade Secrets Act has been changed to the Intellectual Property and Commercial Court.

2. Jurisdiction over first-instance criminal cases involving violations of Article 8, Paragraphs 1 to 3 of the National Security Act, infringement of trade secrets related to National Core Key Technology, has been changed to The Intellectual Property and Commercial Court.

3. Additionally, current or former judicial affairs officers with over 3 years of total experience in the financial affairs sector, good performance, and proof of qualifications meet the criteria for appointment as Commercial Investigation Officers. This reform expands access to expert participation in trials.

The amendments to the Act aim to increase professionalism, efficiency, and ideal resolution of corporate disputes by focusing on trials and expanding expert participation, thereby constructing a more complete intellectual property remedy system.

[1] 〈智慧財產及商業法院組織法修正第三條、第六條、第九條、第十條、第十二條、第十三條、第十五條、第十六條、第十七條及第十八條條文〉,立法院,2023/5/1,最後瀏覽日:2023/5/15)。
[2] 〈立院三讀 營業秘密罪一審改智財法院審理〉,中央社,2023/4/11, (最後瀏覽日:2023/5/15)。
[3] 〈營業秘密強化保護,護國群山安心發展─司法院通過《智慧財產案件審理法》修正草案〉,司法院,2022/6/24, (最後瀏覽日:2023/5/15)。