APAC: Background Checks

This month, we consider whether employers can conduct background checks by way of social media/internet searches on prospective employees, focussing on the position in Singapore, Hong Kong, Japan and South Korea. Read more

Korea: Handling Employee Data

Under the Personal Information Protection Act (“PIPA”) any company which handles personal data will be deemed a ‘data handler’ and must comply with strict requirements. This includes employee personal data. Read more

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as the Hong Kong Monetary Authority, the Securities and Futures Commission (SFC) or the Insurance Authority. … Read more

APAC: Managing Employee Personal Information

An organisation’s obligations in respect of managing personal information vary greatly from country to country. We consider the different obligations employers have around the region in relation to collecting, using and storing employee data. Read more

Hong Kong: Disclosure of Criminal Convictions

Employers often seek to carry out criminal and other background checks on new employees as part of their pre-hire processes. The discovery of a prior criminal conviction may in some cases result in an offer being withdrawn, or at least another look at the business’ decision to hire a particular candidate. There is a clear … Read more

Asia: Pre-employment screening

Pre-employment screening can be a useful tool in ensuring you are hiring the right person for the right role. Here we look at the issues that may arise with asking a candidate about their criminal record in various jurisdictions in APAC. Read more

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies in addition to such work rules. Read more

Hong Kong: Cross-border data transfers

On 29 December 2014, the Office of the Privacy Commissioner for Personal Data (PCPD) published a Guidance Note entitled "Guidance on Personal Data Protection in Cross-border Data Transfer" (the Guidance Note). The Guidance Note is of particular relevance to multi-national corporations (MNCs) because their corporate structure will inevitably involve a significant amount of personal data … Read more