Legal Updates

Legal Updates for Dec - 2016

Personal Data Protection Regime Gets Boost with New Regulation

After a wait of more than a year, the Minister of Communications and Information issued Regulation No. 20 of 2016 on the Protection of Personal Data in Electronic Systems (“PDP Regulation”) on 1 December 2016.  The PDP Regulation, which puts into effect Article 15(3) of Government Regulation No. 82 of 2012 on Electronic Systems and Transactions, sets out the rules governing the protection of personal data that are stored in electronic form.  This Update provides a summary of the key features of the PDP Regulation. 

29 Dec 2016 | Indonesia

Electronic Information & Transactions Law Gets Makeover

The House of Representatives recently enacted a number of important amendments to the Electronic Information and Transactions Law 2008, which has been a source of considerable controversy since it was first placed on the statute books. The amendments address five principal issues:

1. Cyber defamation
2. Right to be Forgotten or Right of Erasure
3. Admissibility of electronic evidence
4. Government supervision
5. Investigation of Suspected Offences

Given the ubiquitous presence and importance of the Internet and social media in modern life, this Update discusses these five issues in some detail.

27 Dec 2016 | Indonesia

Constitutional Court OKs Private Sector Role in Electricity Sector Subject to Conditions

On 14 December 2016, the Constitutional Court once again ruled on the constitutionality of the Electricity Law. The Court’s ruling came in response to a petition brought by two employees of PT PLN (Persero), the state electricity utility, in their capacities as labor union representatives. This Update provides a summary and analysis of the Court's decision.

27 Dec 2016 | Indonesia

Intellectual Property Case Updates - Malaysia
This issue of Intellectual Property Case Updates provides case notes on some recent Malaysian cases on intellectual property.

In Kraft Foods Schweiz Holdings GmbH v Pendaftar Cap Dagangan, the Malaysian High Court dealt with the issue of whether a 3D or shape mark could qualify as a "mark" or "trade mark" under section 3(1) of the Trade Marks Act 1976. In the second case, World Grand Dynamic Marketing Sdn Bhd v FJVAA SPA Sdn Bhd & Ors, the Malaysian High Court considered the question of whether litigants could use correspondence by the Registrar of Trade Marks in evidence.
20 Dec 2016 | Singapore

SICC Determines Damages Following First Full Judgment on Liability
In Telemedia Pacific Group Ltd and another v Yuanta Asset Management International Ltd and another [2016] SGHC(I) 3, the Singapore International Commercial Court ("SICC") issued its first full judgment on liability. More recently, in Telemedia Pacific Group Ltd and another v Yuanta Asset Management International Ltd and another [2016] SGHC(I) 6, the SICC determined the quantum of damages and costs to be awarded to the Plaintiffs. The Plaintiffs were successfully represented in both matters by Paul Tan and Yam Wern-Jhien of Rajah & Tann Singapore LLP.
14 Dec 2016 | Singapore

10% of Loan Portfolio Must be in Khmer Riel by End of December 2019

On 01 December 2016, the National Bank of Cambodia issued a new Prakas to promote credit provision in national currency by requiring all banks and financial institutions under its supervision to have at least 10% (ten per cent) of their total loan portfolio provided in Khmer Riel. The Prakas has become effective from its date of issuance for all banks and financial institutions to start arranging the necessary to comply with the new requirement. The final deadline for full compliance by all banks and financial institutions is set to be 31 December 2019.

13 Dec 2016 | Cambodia

New Minimum Trading Price Framework Implemented
In August 2016, the Singapore Exchange ("SGX") consulted on proposals to refine the minimum trading price ("MTP") framework with the addition of a market capitalisation test. On 2 December 2016, SGX issued its response to feedback received on its proposals. As there was strong support received for the proposals, SGX has stated that it will proceed to implement the revised MTP entry criteria as proposed in the August 2016 consultation.
12 Dec 2016 | Singapore

Singapore Court of Appeal Dismisses "Just and Equitable" Winding Up Application on Account of Buy-Out Provision in the Company's Articles
In Ting Shwu Ping (Administrator of the estate of Chng Koon Seng, deceased) v Scanone Pte Ltd and another appeal [2016] SGCA 65, a 5-Judge Court of Appeal held that the existence of a buy-out provision in a company’s articles can affect whether there are just and equitable grounds for winding up the company. Significantly, this is also the first case where s 254(2A) of the Companies Act, which empowers the Courts hearing a s 254(1)(i) application to order a buy-out as an alternative to making a winding up order, was considered and interpreted by the Court. The respondent companies in Ting Shwu Ping were successfully represented by Mr Vikram Nair and Mr Tan Ruo Yu from Rajah & Tann Singapore LLP.
08 Dec 2016 | Singapore

Full Convergence with IFRS in 2018 for Singapore-Listed Companies
The Singapore Accounting Standards Council has reminded Singapore-incorporated companies listed on the Singapore Exchange ("Singapore-listed companies") that a new financial reporting framework identical to the International Financial Reporting Standards ("IFRS") will apply for annual periods beginning on or after 1 January 2018. Other Singapore-incorporated companies can continue to apply the existing financial reporting frameworks, including the Singapore Financial Reporting Standards ("SFRS"), or may elect to apply the new framework.
07 Dec 2016 | Singapore

Retrenchment Notification Mandatory From 1 January 2017
On 25 November 2016, the Ministry of Manpower ("MOM") and its tripartite partners - the National Trade Union Congress and the Singapore National Employers Federation - issued an advisory stating that, with effect from 1 January 2017, it is a mandatory requirement for businesses to notify the MOM of their redundancy exercises, and the failure to do so is an offence. This Client Update provides an overview of this new mandatory notification regime and also discusses the current position on the payment of retrenchment benefits in Singapore.
02 Dec 2016 | Singapore

Uber Drivers and the Gig Economy – Determining the Employment Status of Workers
In a recent landmark decision, the UK Employment Tribunal held that Uber drivers are deemed to be workers with certain employee rights, rather than being self-employed. This decision is a potential game-changer with far-reaching consequences not just for Uber drivers in different countries, but also for the many "Uber" - like companies operating on-demand technology platforms. This Client Update takes a look at this UK decision, and its potential effects in Singapore and beyond.
01 Dec 2016 | Singapore