Key changes in data privacy and cyber security laws across Southeast Asia in 2022

2022 is a milestone year for data privacy and cyber security laws developments across Southeast Asia. We set out the key changes as follows: The new Personal Data Protection Law in Indonesia became effective on 17 October 2022. Multiple data protection guidelines have been issued to supplement the Personal Data Protection Act in Thailand, which … Read more

Privacy law reform in Malaysia: One step closer to mandatory breach notification

Currently, Malaysia does not have a data breach notification requirement under the Personal Data Protection Act 2010 (PDPA). One of the proposed amendments to be tabled for Parliament discussion in October 2022 is the introduction of a mandatory data breach notification regime. Proposed amendments to the PDPA are expected to be tabled at the next … Read more

Impact on Thai businesses amid Myanmar’s move to suspend foreign loan repayments

On 13 July 2022, the Central Bank of Myanmar ordered companies and retail borrowers to suspend repayment of foreign loans. According to Bloomberg, companies in Myanmar have at least US$ 1.2 billion in outstanding dollar-denominated loans. The Central Bank’s order was introduced as one of the latest measures to protect the nation’s dwindling foreign exchange … Read more

Sanctions and Material Adverse Change Provisions

Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review’s Asia-Pacific Arbitration Review 2023 on the contractual effects of sanctions on construction projects. The article explored the effect of sanctions on contractual obligations within projects in the Asia-Pacific region as well as globally, and discusses what project owners and contractors … Read more

Getting paid: A New Bill to streamline Construction Disputes in Thailand

Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. This can result in construction work being delayed and sometimes abandoned, and contractors facing financial difficulties. In response, Thailand is considering the introduction of a draft bill titled “Act on the Settlement of Disputes regarding Payment in Construction Contracts”. Read more

Directors Beware: Indemnity in a Company’s Constitution is not Foolproof

The constitution (formerly known as articles of association) of companies in Malaysia generally contains an indemnity provision in favour of directors, indemnifying them against liabilities (for example, associated legal fees and financial costs) incurred by the directors in defending legal suits by third parties where judgement has been given in their favour in respect of … Read more

The rise of ESG – implications on the duty to act in the best interest of the company

Globally, there has been an increasing recognition that the conduct of a company affects various stakeholders around it, and that companies should have regard to environmental, social, human, and economic considerations. These considerations – commonly referred to as ESG considerations – once seen as a voluntary part of companies' corporate governance framework, are now rapidly being enacted into hard law across different jurisdictions. Read more

Malaysian High Court clarifies limits on stay conditions

The Malaysian High Court has refused to impose a condition on a party seeking a stay of proceedings under section 10 of the Arbitration Act 2005 to pay its share of the deposit in the arbitration, on the basis that the issue of costs and expenses of an arbitration are within the exclusive jurisdiction of … Read more