How an Internet Portal Company Complies with the new "Personal Data Protection Act" in Taiwan

Jessica Pong, Legal Manager, Yamedia, Taiwan

With the rapid growth of internet access, collection, process and utilization of personal data, internet companies have become a controversial issue for individuals, multinational companies and even governments around the world. Unlike EU adopted Directive 95/46/EC of the European Parliament and the OECD guidelines on the Protection of Privacy and Trans-border Flows of Personal Data, Taiwan was still assuming an 'industry self-regulation' approach to the issue of online personal data collection for the past decade. While there was no direct law applicable to protect the personal information sharing consumer's personal data (disclosed) during online activities, the “Computer - Processed Personal Data Protection Act “(hereinafter referred to as the CPPDPA 95’) promulgated in 1995 offered limited protection to various kinds of personal information in Taiwan .

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Taiwan Data Protection Telecommunications October 2010 Vol. 4, No. 13, Autumn 2010

Jessica Pong

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Jessica Pong who has extensive working experience in developing and implementing legal approaches and policies with Intellectual Property, Telecommunication, Internet Advertising and Privacy issues over social networking company now works as a legal manager in a Taiwan Internet portal company. She also leads public policy team "MS Mincho" engagement with regulators and legislators on Copyright, Telecommunication, SPAM and Privacy law issues as a legal policy Adviser for NCC, IPO and Consumer Protection Committee. With proven academic accomplishment, litigation and negotiation skills in contracts, litigation, IP and M&A, she is also a well- experienced in-house legal officer over IP and Technology for OEM and ODM Company for IP infringements and transaction disputes. As for privacy and information security issues, she was a well-trained ISO 27001 Lead Auditor.

Before completing LL.M in Intellectual Property, Commerce and Technology in Franklin Pierce Law Center, NH, US, She served as a judge assistant in District Courts assisting judges with compulsory execution and civil litigation. While working in the local form, she also performed civil and criminal litigation and legal support services, and served as the legal consultant to a local radio station and regional congressional office.

Yamedia

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YAMEDIA Inc. (yam.com) is one of the largest broadband video and audio websites available to the Chinese communities around the world, YAMEDIA Inc. (yam.com) is a internet company providing personalized video and audio entertainment services with the richest contents best qualities, and most user-friendly interfaces to its broadband users in Taiwan. Boasting over 850,000 paid members and more than 75% market share that is far ahead from its competitors. Combined with Yam.com’s traffic and content advantages as the third largest portal in Taiwan, as well as its registered member base of 18.5 million individuals, (equivalent to 75% of overall internet population), YAMEDIA Inc. has since become the biggest online website for the global Chinese communities. YAMEDIA Inc. also owns several subsidiaries including Yam.com, Giga ADSL, Video/Audio Net, gigigaga, Creative Online, and Fancy City.

 

Taiwan Data Protection Telecommunications October 2010 Vol. 4, No. 13, Autumn 2010