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In Oriental Press Group Ltd & Others v Fevaworks Solutions Ltd & Others [2013] HKEC 1025, the Hong Kong Court of Final Appeal (CFA) has ruled on whether and under what circumstances the provider of an internet based discussion forum may be held liable for defamatory material posted on the forum. Mr Justice Ribeiro PJ, … Read more
Japanese companies that enjoy a dominant position in a particular market in Europe are likely to be aware that they are subject to high standards of competitive behaviour, and must not abuse their dominant position lest they be deemed to have infringed Article 102 of the Treaty on the Functioning of the European Union (“TFEU”). … Read more
The PRC Standardisation Administration issued a national standard entitled the “Information security technology – Guideline for personal information protection within information system for public and commercial services” (信息安全技朮 公共及商用服务信息系统个人信息保护指南) (the Guidelines) on 5 November 2012. The Guidelines will take effect on 1 February 2013. Michelle Chan, Karen Ip and Clarice Yue provide an overview of … Read more
On 13 August 2012, MOFCOM approved Walmart’s acquisition of a controlling interest in an online supermarket business in China subject to conditions. What is worth noting about the decision is not that the acquisition is approved but the express reference made by MOFCOM to the use of VIE structure in the approval. Michelle Chan, Karen … Read more
The PRC Ministry of Industry and Information Technology has recently released a draft notice on the proposed introduction of new requirements for granting type approvals for mobile devices to strengthen protection on personal data. The public consultation period for the draft notice will end on 30 June 2012. The increasing popularity of mobile smart terminal … Read more
The PRC Ministry of Industry and Information Technology recently published a set of measures entitled “Several measures on regulating the internet information service market” to regulate certain misbehaviours of internet information service providers in China and their use of personal data. These measures will take effect on 15 March 2012. Michelle Chan, Karen Ip and Clarice … Read more
On 12 December 2011, the Hong Kong Food and Health Bureau launched a two-month public consultation on the Legal, Privacy and Security Framework for a territory-wide patient-orientated Electronic Health Record (eHR) Sharing System as part of a proposed reform of the Hong Kong healthcare system. Michelle Chan, Tim Mak and Clarice Yue provide an overview of … Read more
With increasing public concern over data protection issues, a bill imposing more stringent rules on the use of personal data is being considered by the Legislative Council in Hong Kong. Meanwhile over in Singapore, a consultation paper on the introduction of a general personal data regulatory regime in Singapore was also recently issued in September … Read more