eOasis is Rajah & Tann Asia’s legal publications portal, where you can view updates on the latest key legal and regulatory developments in Asia, prepared from a practitioner's viewpoint.
What's New on eOASIS
New Tripartite Guidelines on Flexible Work Arrangement Requests: Implementation, Implications, and Practical Tips
Following the widespread adoption of telecommuting and staggered working hours amidst the COVID-19 pandemic, the job market in Singapore has seen an increasing demand for flexible work arrangements ("FWAs"). This demand is expected to grow not just in light of Singapore's rapidly ageing population, as more employees will need to balance work with caregiving responsibilities in order to remain in the workforce — but also as employees and employers both re-examine the fundamental premise and very nature of work itself.
In a much-needed step to clarify the new normal, on 16 April 2024, the Ministry of Manpower ("MOM") launched the Tripartite Guidelines on Flexible Work Arrangement (FWA) Requests ("FWA Guidelines"). The FWA Guidelines establish (i) how formal FWA requests should be made; (ii) how employers should consider such requests in a proper manner; and (iii) the requirement to communicate decisions on such requests in a transparent and timely manner.
The FWA Guidelines will come into effect on 1 December 2024 and will apply to all employers. In this Update, we discuss the implementation of the FWA Guidelines, the implications for employers, and practical tips for employers to consider ahead of time. 24 Apr 2024 | Singapore
Ready, Set, Go! Updates to Indonesia’s Gaming Industry
The Indonesian government enacted two regulations for the gaming industry in early 2024. These regulations, which we will discuss in this alert, put the gaming industry under the spotlight and solidify the government’s commitment in revitalising Indonesia’s gaming industry. The first regulation, Presidential Regulation No. 19 of 2024 on the Accelerated Development of the National Gaming Industry ("Presidential Regulation") establishes a national development roadmap for the gaming industry. It is quite common for the government to issue regulations on national development roadmap, and in the past, we have seen similar roadmaps for the e-commerce and digital industry. A common theme of these roadmaps is that they address internal and external issues and/or challenges faced by the relevant industry. Meanwhile, the second regulation, Ministry of Communication and Information Technology Regulation No. 2 of 2024 on Game Classification ("Regulation 2/2024") renews the age classification for games and provides new requirements for game publishers.
The two regulations complement each other and propel Indonesia's gaming industry to new heights by fostering a dynamic ecosystem where foreign investment and local innovation can converge synergistically.
24 Apr 2024 | IndonesiaNew Cybersecurity Subordinate Laws
On 18 January 2024, the National Cyber Security Committee of Thailand pubished these two important subordinate laws on cybersecurity under the Cybersecurity Act 2019 ("Notifications"). The Notifications, which will take effect on 18 January 2025,are as follows:
(a) The Notification on Standards for Determination of the Security Category for Data or Information Systems ; and
(b) The Notification on Minimum Standards for Data or Information Systems.
The Notifications require critical information infrastructure operators ("CIIOs") to classify their data and information systems, as well as implement cybersecurity protection measures. CIIOs are organisations (public or private) which assume missions or provide services in relation to a critical information infrastructure, i.e. a computer system which is used in connection with the maintenance of national security, public safety, national economic security or infrastructure of public interests.
This Update provides a summary of the obligations imposed on the CIIOs.
23 Apr 2024 | ThailandShift in Responsibility as Digital Service Platforms Become Responsible for Copyright Infringement in User-Generated Content
In February 2024, the Constitutional Court handed down a decision that extended the meaning of “business premises” (tempat perdagangan) in Article 10 of the Copyright Law (Law No. 28 of 2014). Previously, such term commonly referred to physical business premises, and Article 10 itself prohibits operators of business premises from allowing the sale and/or reproduction of goods resulting from copyright and/or related rights infringement in locations under their management. Now, as a result of the decision, the term “business premises” include digital service platforms that facilitate user-generated content (“UGC”).
In this Update, we take a closer look at the decision.
22 Apr 2024 | IndonesiaSingapore's Cybersecurity Regime Set to Undergo Update - Cybersecurity (Amendment) Act Introduced in Parliament
In Singapore, the Cybersecurity Act regulates cybersecurity threats and incidents, critical information infrastructure ("CII"), and cybersecurity service providers. To keep pace with emerging threat factors and operational practicalities, the Cyber Security Agency of Singapore ("CSA") has introduced the Cybersecurity (Amendment) Bill ("Bill"). The main amendments in the Bill include the following:
- Updating existing provisions relating to the cybersecurity of CII;
- Expanding CSA's oversight to cover the cybersecurity of Systems of Temporary Cybersecurity Concern; and
- Creating two new classes of regulated entities – Entities of Special Cybersecurity Interest and Foundational Digital Infrastructure.
19 Apr 2024 | Singapore
A Brief Summary of Indonesia’s New Regulations on Imports
In the past several months, the Minister of Trade (“Ministry”) has issued two new regulations on imports. First, in December 2023, the Ministry enacted Ministry of Trade Regulation No. 36 of 2023 on Import Policies and Provisions (“Regulation 36/2023”), which came into effect on 10 March 2024. Regulation 36/2023 replaces Ministry of Trade Regulation No. 20 of 2021 and its amendment, Ministry of Trade Regulation No. 25 of 2022. Then, in March 2024, the Ministry issued Ministry of Trade Regulation No. 3 of 2024 on Amendment of Import Policies and Provisions (“Regulation 3/2024”). Among others, Regulation 3/2024 amended the provisions on import permits and import arrangements of plastic raw materials, chemicals, aircraft spare parts, and horticultural products.
Both Regulations are aimed to enhance the supervision of goods entering Indonesia by restricting the importation of specific goods to maintain the stability of domestic trade. In Regulation 3/2024, the Ministry expands the range of used goods eligible for importation, updates the requirement for obtaining import permit, and adds classification of goods that are subject to import restrictions. Additionally, these regulations also tighten the entry of goods carried by passengers.
We take a closer look at some of the changes introduced by Regulation 36/2023 and Regulation 3/2024.
19 Apr 2024 | IndonesiaMAS Launches COSMIC Platform for FIs to Share Information on Customers Exhibiting Red Flags to Combat ML/TF
On 1 April 2024, the Monetary Authority of Singapore ("MAS") launched COSMIC (Collaborative Sharing of Money Laundering / Terrorism Financing (ML/TF) Information & Cases), the first centralised digital platform to facilitate the sharing of customer information among prescribed financial institutions ("Prescribed FIs") to combat money laundering ("ML"), terrorism financing ("TF"), and proliferation financing ("PF") globally.On the same day, the Financial Services and Markets Act 2022 ("FSMA") was amended to set out the legal basis and safeguards for such sharing. On 28 March 2024, the MAS Notice FSM-N02 Prevention of Money Laundering and Countering the Financing of Terrorism - Financial Institutions' Information Sharing Platform ("COSMIC Notice") was issued, providing MAS' requirements for the Prescribed FIs to establish and implement robust controls to facilitate the sharing of risk information on COSMIC and protect the confidentiality of the information being shared and the interests of legitimate customers. The COSMIC Notice took effect on 1 April 2024, save for the provisions dealing with outsourcing arrangements which will take effect on or after 11 December 2024, together with the coming into effect of the MAS Notice 658 on Management of Outsourced Relevant Services for Banks.
With the launch of COSMIC, the Prescribed FIs in this initial phase (expected to last for approximately two years after its launch) currently comprise the six banks who co-developed COSMIC together with MAS (DBS, OCBC, UOB, Citibank, HSBC, and Standard Chartered Bank). As a start, COSMIC will focus on three key financial crime risks in commercial banking: (i) misuse of legal persons; (ii) misuse of trade finance for illicit purposes; and (iii) PF. Under COSMIC, FIs can securely share with one another information on a "relevant party" who exhibits multiple "red flags" that may indicate potential financial crime concerns along the lines of (i) to (iii), if stipulated conditions and thresholds are met. A "relevant party" is a person who is, or who seeks to be, or who has been, a customer of a Prescribed FI, and who has been prescribed as such under subsidiary legislation.
This Update outlines key requirements under the FSMA and the COSMIC Notice. 18 Apr 2024 | Singapore
Key Changes to the Occupational Safety and Health Legislation in Malaysia
The Occupational Safety and Health Act 1994 ("OSHA") establishes the legal framework relating to the occupational safety and health in Malaysia. The overall objectives of the OSHA are to:
(a) secure the safety, health and welfare of persons at work against risks to safety or health arising out of the activities of persons at work;
(b) protect persons at a place of work other than persons at work against risks to safety or health arising out of the activities of persons at work;
(c) promote an occupational environment for persons at work which is adapted to their physiological and psychological needs; and
(d) provide the means where the associated legislation on occupational safety and health may be progressively replaced by a set of regulations and approved industry codes of practice operating in combination with the provisions of the OSHA designed to maintain or improve the standards of safety and health.
After almost three decades, the Occupational Safety and Health (Amendment) Act 2022 ("Amendment Act") was passed with royal assent on 4 March 2022. It will come into force on 1 June 2024, together with two new subsidiary legislation, namely the Occupational Safety and Health (Plant Requiring Certificate of Fitness) Regulations 2024 and the Occupational Safety and Health (Licensed Person) Order 2024. The Amendment Act brings about substantial amendments to the OSHA which seeks to enhance the existing legislation on occupational, safety and health in Malaysia, in particular by expanding the scope and applicability of the OSHA to all places of work throughout Malaysia including the public services and statutory authorities, with very limited exceptions.
This Update provides some of the significant amendments introduced by the Amendment Act.
16 Apr 2024 | Malaysia