CNPUpdate - Issue 01 - January 2021

 

Contents
  1. Proposing a new statutory tort of misuse of private information

  2. WhatsApp updated privacy policy - A commentary from a Singapore law perspective

  3. Amendments to the Personal Data Protection Act

  4. Changes to work pass restrictions for intra-corporate transferees

  5. Trade documents to be digitalized under the Electronic Transactions (Amendment) Bill 2021, Lasting Powers of Attorney to follow

  6. Brexit: What did we get for Christmas?

  7. Indonesian investment updates - Omnibus law and changes to the labour law

  8. Building & construction adjudication - Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2020] SGHC 191

  9. CNPLaw Business Guide Series: Incorporating a company in Singapore

  10. Consumer laws and product liability


Proposing a new statutory tort of misuse of private information

In December 2020, the Singapore Academy of Law's Law Reform Committee (the "LRC") examined whether the existing legal framework related to privacy provided effective remedies for victims against serious misuse and disclosure of their private information. As society advances, and technology allows increased intrusion into our personal lives, the means by which harm may be perpetuated against an individual's well-being continue to evolve. Consequently, it is crucial that legal protection of privacy and private information stay up to date with digital advancements.

Please click here to find out more.


WhatsApp updated privacy policy - A commentary from a Singapore law perspective

On 6 January 2021, WhatsApp users around the world were greeted with an in-app notice, stating that WhatsApp will be updating its terms and privacy policy, and users are required to accept the new terms and privacy policy to continue using the services offered by WhatsApp. In general, the new terms and privacy policy implied that WhatsApp will share users' data with Facebook and other Facebook-owned entities. The notice resulted in huge public outcry against WhatsApp. In a matter of days, Signal and Telegram swiftly became the top download messaging apps in most countries with millions of user sign-ups. The resulting outcry was so serious that WhatsApp had to issue a clarificatory statement on 12 January 2021 to reassure users that the new terms and privacy policy will not affect the privacy of users' messages or contacts. Users are also given up till 15 May 2021 (extended from the initial 8 February 2021 deadline) to decide whether to accept the new terms and privacy policy.

Please click here to find out more.


Amendments to the Personal Data Protection Act

The Personal Data Protection (Amendment) Bill ("Amendment Bill") was passed by Parliament on 2 November 2020, the first update to the legislation since the Personal Data Protection Act 2012 ("PDPA") came into force in 2014. The effective date of the Amendment Bill has yet to be determined although it is expected to be implemented in phases in 2021.

The amendments to the PDPA sought to strike a balance between consumers and organisations in the collection, use and disclosure of personal data in Singapore. While the Amendment Bill recognizes that consumers must be confident in knowing that their personal data will be kept secure and used responsibly, organisations ought to be allowed to harness personal data for legitimate business and other purposes as long as they comply with the requisite safeguards and maintain accountability.

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Changes to work pass restrictions for intra-corporate transferees

Family members of Employment Pass ("EP") holders have traditionally been allowed entry to Singapore if they satisfy the criteria for obtaining a dependant's pass or long-term visit pass. However, the Ministry of Manpower ("MOM") has recently clarified its stance on this and has distinguished intra-corporate transferees ("ICTs"), which form a small subset of EP holders, from other EP holders.

The MOM has also made clear that ICTs are only allowed entry into Singapore for a limited period, and are not eligible for future employment in Singapore upon the expiry or termination of their work pass.

Please click here to find out more.


Trade documents to be digitalized under the Electronic Transactions (Amendment) Bill 2021, Lasting Powers of Attorney to follow

The Electronic Transactions (Amendment) Bill 2021 (the "Bill") was recently introduced in Parliament on 4 January 2021. As part of the Singapore Government's wider efforts to drive digitalization in Singapore, the Bill calls for certain amendments to the Electronic Transactions Act (the "ETA"), which, if passed, would permit trade documents to be digitalized.

Please click here to find out more.


Brexit: What did we get for Christmas?

With the conclusion of negotiations, and 1 January 2021 having come and gone, Brexit is finally here to stay!

In this briefing on the Brexit trade deal, Mr Charles Pigott of Mills & Reeve LLP (CNPLaw's fellow SCG member firm in the UK) has expertly summarised the EU-UK Trade and Cooperation Agreement, which spans over 1,200 pages, into 2 pages.

Please click here to find out more.


Indonesian investment updates - Omnibus law and changes to the labour law

The RUU Cipta Kerja (the "Omnibus Law") is the latest of a series of effort from Indonesia in improving the ease of doing business and attractiveness of Indonesia as an investment destination. The Omnibus Law, enacted as Law No. 11 of 2020, came into effect on 2 November 2020 upon receiving the President's sign-off. The implementation of the changes will be subject to the relevant provisions in subsequent governmental regulations.

Please click here to find out more.


Building & construction adjudication - Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2020] SGHC 191

In the case of Range Construction Pte Ltd ("Range") v Goldbell Engineering Pte Ltd ("Goldbell") [2020] SGHC 191, the High Court considered, inter alia, whether the adjudicator has jurisdiction to consider a claim for liquidated damages in the adjudication and whether liquidated damages claims fall within the scope of Section 17(2A) of the Building and Construction Industry Security of Payment Act (Cap. 30B) ("SOP Act"), which precludes the adjudicator from considering a claim for damage, loss or expense that does not satisfy the conditions set out therein.

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CNPLaw Business Guide Series: Incorporating a company in Singapore

If you are looking to do business in Singapore, you can choose to set up a business vehicle which comes in different forms, such as a sole proprietorship, a partnership, a business trust or a branch of a foreign company. However, the most common form is a private company limited by shares ("company"). This article focuses on typical considerations for incorporating a company in Singapore.

Please click here to find out more.


Consumer laws and product liability

On Thursday, 10 December 2020, our co-panellists discussed how legal protections to consumers affect the conduct of business by e-commerce companies in India, businesses in Singapore, the UK and the US. The panel discussed which primary regulatory impediments face these companies and how consumer laws and product liability issues in their jurisdictions affect foreign companies setting up there. We explored the rules and regulations governing the conduct of these businesses around the globe.

Please click here to find out more.


 

 

News

CNPLaw LLP grows to 19 partners with the addition of Mr Low Wee Siong

Two lawyers from CNPLaw LLP are recognised as Singapore's Most Influential Lawyers Aged 40 and Under in 2020

Legal 500 Asia Pacific 2021 recommends CNPLaw LLP for seven practices and nine of its lawyers

CNPLaw LLP ranked in IFLR1000's Thirtieth Edition

Chambers Asia-Pacific 2021 recognises CNPLaw LLP for its Investment Funds practice


Deals

CNPLaw LLP acted for the minority shareholder in the sale of shares in SC Property Management Company Limited

CNPLaw LLP acted for RELX (Singapore) Pte Ltd in its Business Restructuring in Indonesia

CNPLaw LLP acted for a US e-sports gaming content creator on its joint venture in South East Asia

CNPLaw LLP acted for a Singapore-based digital platform operator on its series A funding

CNPLaw LLP advised ADERA AI on its joint venture with BreadTalk Group

CNPLaw LLP advised a shareholder on his divestment of majority interests

CNPLaw LLP advised Tech Data on acquisition of Innovix group of companies


Editor
Bill JAMIESON

Production team
Joel LAW
Jacqueline CHEOW
Menes STA ANA

Contributors
Bill JAMIESON
Jimmy YAP
Ken CHIA
Subramanian PILLAI
WONG Pei-Ling
GOH Wan Shuen
Hazel HO
Jolyn WAH
Lorraine LIEW
Marvin CHUA
Sylvia KOH
YEOH Tze Ning
Charles PIGOTT
LAI Zheng Yong
Dupinderjeet KAUR


Featured contributor


Sylvia KOH
Associate
[ More About Her ]

This update is provided to you for general information and should not be relied upon as legal advice.

For more information please contact us via contact@cnplaw.com