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This Insight article explores South Korea's Digital Bill of Rights, emphasizing its international cooperation principles and the government's preference for self-regulation in the artificial intelligence (AI) industry. It discusses related legislative trends and the evolving stance on AI regulation in a changing global landscape.

In an era dominated by digital connectivity, safeguarding the integrity of networks and information systems has become a global imperative. China, recognizing the critical importance of cybersecurity, has introduced the draft Management Measures for Cybersecurity Incident Reporting (the Measures). The Measures outline a comprehensive approach to reporting cybersecurity incidents, aiming to minimize losses, incentivize legal compliance, protect national cybersecurity, and align with existing legal frameworks. Samuel Yang, Chris Fung, and Bill Zhou, from AnJie Broad Law Firm, explore key provisions in the Measures, shedding light on the intricacies of China's evolving cybersecurity landscape.

Technological developments are advancing rapidly, creating an abundance of opportunities, and connecting people and systems globally. Approximately 99% of Australians use the internet, highlighting how technology has become an essential component of daily life, linking workplaces, schools, and homes. These advancements and an increased reliance on technology means Australians are more susceptible to cyber threats and cybercriminals are becoming more adaptable and proficient than ever before. There is mounting pressure on the Australian government to address cyber threats through regulation. On November 22, 2023, the Australian Government released the 2023-2030 Australian Cyber Security Strategy (the Strategy). Katherine Sainty, Kaelah Dowman, and Sarah Macken, from Sainty Law, discuss the development of the Strategy and how it will be released, as well as next steps.

On January 2, 2024, the Indonesian Government officially enacted Law No. 1 of 2024 on the Second Amendment to Law No. 11 of 2008 on the Electronic Information and Transactions (the Electronic Information Law) (the amendment). 

The revision of the Electronic Information Law was driven by a desire to establish a greater sense of public justice and legal certainty. The need for this revision became apparent as the prior version led to multiple interpretations and controversies within the community. The amendment reflects the Government's commitment to adapting to the changing landscape of digital transactions and online activities within the country. Overall, the Electronic Information Law is designed to protect individual rights in online spaces, regulate electronic transactions, and employ punitive measures to uphold its provisions. 

Specifically, the amendment made changes to various provisions in the previous draft. These changes include enhancing the protection of minors in electronic systems access and specifying the governing law for international electronic contracts. Teguh Darmawan, from Hogan Lovells, discusses the key highlights of the amendment to the Electronic Information Law.  

While representing a new source of growth for China's economy, intelligent and connected vehicles (ICVs) are confronted with institutional uncertainties on multiple fronts, such as market access, data protection, liability allocation, and so forth, which may affect the development of ICVs. In this Insight, Dr. Annie Xue, Yang Chen, and Xiaoqian Sun, from GEN Law Firm, look at the legislation around the development of ICVs with a particular focus on liability allocation, data security, and fair competition.

The development and use of artificial intelligence (AI) is growing at unprecedented rates globally, with mounting pressure on Australian regulators to establish adequate frameworks to govern its use in Australia. While AI has the capacity to provide many benefits, the potential risks associated with its use and rapid growth must be considered by regulators.

In September 2023, the Digital Platform Regulators forum1 (DP-REG) published its joint submission (the Submission) in response to a Department of Industry, Science and Resources (DISR) consultation for their discussion paper, 'Supporting Responsible AI in Australia' (the Discussion Paper). Katherine Sainty, Lily O Brien, Kaelah Dowman, and Sarah Macken, from Sainty Law, discuss the contents of both the Submission and the Discussion Paper and some of the key benefits and risks of AI.

In today's digital landscape, consent is a cornerstone of effective privacy management and a critical safeguard for the rights of data subjects. In the Philippines, the National Privacy Commission (NPC) released the NPC Circular No. 2023-04 (the Circular) on November 7, 2023, providing guidelines on the use of consent as a lawful basis for data processing, ensuring compliance thereof by affected personal information controllers (PICs), and prohibiting, among others, the use of deceptive design patterns. On the same date, the NPC issued Advisory No. 2023-01 (the Advisory), which comprises the Guidelines on Deceptive Design Patterns. Both the Circular and the Advisory make references to each other and must be read together. 

In this Insight Article, Edsel F. Tupaz, from Gorriceta Africa Cauton & Saavedra, discusses the more salient, practical implications of the Circular and the Advisory on affected PICs. He focuses on the Circular's impact on existing mechanisms for privacy notices, timing of consent, withdrawal of consent, and level of granularity, as well as underscoring the use of the 'average member of the target audience' standard, prohibitions against deceptive design patterns, and the compliance period. 

In this Insight article, Asif Hasan and Alfaed Salahuddin, from Tanjib Alam and Associates, explore the key provisions of the proposed draft Data Protection Act, 2023 (the Bill), emphasizing its aim to address the longstanding need for robust supervision of individual data protection and processing within and outside Bangladesh.

The spam email lurking in your junk folder could be more dangerous than you think. Every day, a substantial proportion of all emails and SMS messages sent across the globe are spam messages. With the risk of spam messages ranging from mere annoyance to large-scale cyber-attacks, regulators worldwide are cracking down on the bad actors who send these messages. As enforcement efforts ramp up in Australia and abroad, businesses that send marketing messages must pay careful attention to anti-spam regulation to make sure their messages are not classified as spam and to avoid significant financial and reputational damage. In this Insight article, Katherine Sainty and Lily O'Brien, from Sainty Law, explore the dangers of spam, Australia's anti-spam regime, and shifting enforcement attitudes.

The Privacy Amendment Bill, No. 292-1 (the Bill), was introduced to the Parliament of New Zealand on September 5, 2023, and seeks to amend the Privacy Act 2020 (the Privacy Act). The Bill, among other things, aims to increase transparency for individuals about the collection of their personal information, better enable individuals to exercise their privacy rights, and introduces provisions relating to the indirect collection of personal information by agencies. OneTrust DataGuidance provides an overview of the Bill.  

On October 15, 2023, the public comment period closed for the Cyberspace Administration of China's (CAC) draft Provisions on Regulating and Promoting Cross-Border Data Flows (the Draft Provisions). In this Insight article, Kate M. Growley, Evan Y. Chuck, Zhiwei Chen, and Christiana State, from Crowell & Moring LLP, explore existing mechanisms in place and how the Draft Provisions could affect companies' data transfer obligations.