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STLI Quarterly Newsletter 2019 NO.04, Dec

  Food delivery service platform provides convenience and more choices to customers. Different from the tradition model of food delivery services, food delivery drivers are independent rather than employed by restaurants. The food delivery drivers made contracts with food delivery service platform such as Uber Eats and Food Panda, and provide delivery service according to the work distributed from platform. Benefit from convenient mobile communications, these short-term jobs meet not only consumer market but labor market needs and keep growing its scale to form a “gig economy”.

  Worker rights under gig economy become a big issue since gig workers may be misclassified as “independent contractor” rather than “employee”. According to OECD “Employment Outlook 2019: The Future of Work”: certain employers may deliberately misclassify workers in an attempt to avoid employment regulation or shift risks onto workers for making competitive advantages. ‘Such misclassification therefore harms individuals, but also leaves firms that properly classify their workers at a competitive disadvantage, and damages public finances.’

  After several serious traffic accidents happened, Taiwan Ministry of Labor (MOL) made significant decisions in October, 2019. MOL said that food delivery drivers of Uber Eats and Food Panda are employees rather than contractors. According to MOL’s opinion, the drivers are not permitted to transfer the job to someone else without the consent of the business. Under the contracts, drivers are subject to regulations and will be penalized for violating those regulations, including abandoning the delivery. Therefore MOL determined that the driver is an integral part of a delivery platform business's service to consumers, in other word, drivers are employee of the platform businesses.

  Furthermore, MOL has announced “The Guidelines to Identify a Labor Contract” on November 19, 2019, which can help clarifying whether workers should be deemed employees or contractors. The guidelines are not legally binding but important to drivers, companies and government agencies to recognize the working contracts. According to the guidelines, whether a worker is an independent contractor or employee depends on the worker's level of subordination to the business. The guidelines provide various aspects’ determining factors, including whether workers are allowed to freely determine when, where and how they work, and how involved the worker is in the business's structure.

  Besides, Taipei City Government also announce “Taipei Municipal Self-Government Ordinance for Management of Delivery Platform Business (draft)”. According to the self-government ordinance, no matter the relationship between the worker and the business is, the platform business should provide worker sufficient insurance coverage and training. The self-government ordinance also asks platform businesses following the food safety, traffic and consumers protection regulations. However, Uber Eats and Food Panda has issued their statements that they both hope the government will discuss with all relevant stakeholders, including platform business operators, to deal with the conflicts between innovative business models and regulations.


  The first-ever multinational Cyber Offensive and Defensive Exercise co-hosted by Taiwan and United States began on November 6th, 2019. This cyberwarfare exercise was held for three days, and it aimed at strengthening Taiwan’s cyber defense capabilities and promoting closer international cooperation on cyber security.

  Taiwan has been holding Cyber Offensive and Defensive Exercise every two years since 2013. Different from the previous years, the Cyber Offensive and Defensive Exercise this year was the first time that foreign teams had participated. The way of conducting was not alike as well. Other than a situational walkthrough, the Cyber Offensive and Defensive Exercise this year was an actual drill.

  During the three-day exercise, red teams from many countries such as Japan, Malaysia, Australia, Indonesia, the Czech Republic and the United States played along with Taiwanese government and military officials to simulate attacks on Taiwan’s financial sector. Blue teams, which was composed of Taiwan’s privatized government and private banks and led by Financial Supervisory Commission Chairman Wellington L. Koo, played the role of the defenders.

  As Taiwan’s Cyber Security Management Act entered into force on January 1st, 2019, the government made an effort to boost cyber security. The relevant undertakings to be implemented include but not limited to cultivation of cyber security professionals, development of cyber security industry, development of cyber security related software and hardware specifications, relevant services and verification mechanism, cyber security technology research and development, integration, application, and industry-academia cooperation, as well as interchange and cooperation with international community. The foreign-involved Cyber Offensive and Defensive Exercise this year can be marked as a milestone of furthering interaction and collaboration with international cyber security professionals.

  In recent years, Taiwan faces increasing risks of malicious cyber activities for the purpose of stealing personal information, trade secrets or state secrets. As disclosed by Department of Cyber Security, the networks of public sectors are being scanned from outside an average of 200 million times a month and suffer an estimated 30 million attacks a month. Moreover, 262 successful intrusions were detected in 2018, including 6 severe ones.

  Duo to the persistent cyberattacks and no frontiers of networks, the government has realized that the road to defend attacks successfully on Taiwan’s own is often paved with difficulties. Cross-border information sharing and collaborations contribute to awareness of the cybersecurity threats and taking preventive measures in advance.

  Furthermore, the next generation of information and communications technology, especially 5G networks, is now being deployed. The National Communications Commission has announced that 5G spectrum auction will be taken place on December 10th, 2019. After 5G networks rolling out, a wide range of 5G technology requirements will create a larger attack surface for cyber threats. Maintaining close communication and exchanging information about cyberattack patterns and defense strategies with international community become more and more significant.

1. Taiwan and US Co-hosting Multinational Cybersecurity Exercise, Executive Yuan Newsroom, Nov. 6, 2019, https://english.ey.gov.tw/Page/61BF20C3E89B856/0f357b66-7ed3-4123-98c6-b91097b82536 (last visited Dec. 2, 2019).
2. Remarks by EAP/RSP Jeff Campbell at The Opening Session of the Taiwan-led part of the 2019 Cyber Offensive and Defensive Exercises, American Institute in Taiwan, https://www.ait.org.tw/remarks-by-remarks-by-eap-rsp-jeff-campbell-at-the-opening-session-of-the-taiwan-led-part-of-the-2019-cyber-offensive-and-defensive-exercises/ (last visited Dec. 2, 2019).
3. Kathrin Hille, US and Taiwan Host Security Exercise to Boost Cyber Security, Financial Times, Nov. 4, 2019, ttps://www.ft.com/content/7d6c78cc-fec8-11e9-b7bc-f3fa4e77dd47 (last visited Nov. 30, 2019).
4. 〈資通安全管理法中英對照表〉,行政院國家資通安全會報,https://nicst.ey.gov.tw/File/4D4974CFCC32D59C?A=C(最後瀏覽日:2019/12/2)。


  In 2018, Taiwan has limited domestic energy resources and depends on imports for almost 98% of its energy. The percentage of Taiwan fuel imports of the GDP amounted to between 10 and 14%. Taiwan government wants to increase the ratio of country’s electricity supply to come from renewable sources, it will contribute not only strengthen energy independence, but also increase economic growth.

  The government is currently actively promoting the "five plus two" innovative industries plan, the one of industry is "green energy". The government is committed to 20% of its electricity supply from renewable sources by 2025 in the plan and nearly 2/3 of these 20% will be solar energy. Therefore, the Executive Yuan announced the development strategies of solar energy on October 29th, 2019.

  There are three strategies to promote solar energy.

  1. Short term: The government has expanded its Two-Year Solar Promotion Plan and assigned a target of 6.5GW by 2020. In order to achieve the target, the government will focus on three major strategies including "industrial parks", "cooperation among central and local governments", and "solar power generation at agricultural, aquaculture and livestock facilities".
  2. Medium term: Based on the experience and success of short term strategy, the government will take a series of measures to achieve the target for a total of 20GW by 2025.
  3. Complementary measures: There are designed to accelerate solar energy development and expansion.