Legal Updates for Oct - 2021
Content Forum Commences Public Consultation on the Revamped Communications and Multimedia Content Code 2021
The Malaysian Communications and Multimedia Content Code ("Content Code") was first introduced and registered with MCMC on 1 September 2004. The main purpose of the Content Code is to outline procedures for self-regulation as it contains governing standards and best practices for content dissemination within the communications and multimedia industry in Malaysia.
The Content Code is implemented and enforced by the Communications and Multimedia Content Forum of Malaysia ("Content Forum") which is the independent self-regulatory industry body registered under the Malaysian Communications and Multimedia Commission ("MCMC"). The Content Forum is designated by the Communications and Multimedia Act 1998 ("CMA") to govern and oversee the creation, dissemination and consumption of content over the electronic networked medium, and comprises key members of the communications and multimedia content industry.
The Second Edition of the Content Code was released and registered with MCMC on 14 February 2020 ("Content Code 2020").
In 2021, the Content Code was revamped to address gaps caused by the advancement of technology, the internet and social media, and facilitate the self-regulation by consumers and industry players. The Revamped Content Code Draft ("Content Code 2021") is the result of the consultation with Content Forum members as well as relevant key stakeholders. Content Forum has recently initiated a nationwide Public Consultation exercise as the final step in the review of the Content Code 2021. This Public Consultation is meant to give everyone the opportunity to contributeto the new version of the Content Code, as it will continue to be a reference for the interpretation of offences under Section 211 and Section 233 of the CMA.
The consultation exercise runs from 24 September 2021 to 9 November 2021.
29 Oct 2021 | Malaysia
Cambodia’s First Law on Competition
The Law on Competition was promulgated by virtue of the Royal Kram No. NS/RKM/1021/013 dated 5 October 2021 ("Law on Competition"). It came into force on 6 October 2021.
Prior to the promulgation of the Law on Competition, issues of competition were addressed broadly in various regulations such as the Law Concerning Marks, Trade Names and Acts of Unfair Competition, Sarachor (Circular) on Preventing Measures Against Unfair Competition in Telecommunication Sector, Order of Council of Ministers on Free Competition and Measures Against the Interconnection Barrier between the Telecommunication Operators, Law on Telecommunications, and Law on Trade Remedies. These laws and regulations, however, are not comprehensive and do not adequately address the core issues that affect market competition.
With the Law on Competition in place, the law now covers all persons, natural or juristic, conducting business activities, or supporting business activities that significantly prevent, restrict and distort competition in Cambodia’s market, regardless of whether the activities are conducted in or outside of Cambodia.
27 Oct 2021 | CambodiaDecree Revising Legal Provisions and Regulations on E-Commerce Activities to Take Effect on 1 January 2022
On 25 September 2021, the Government issued Decree No. 85/2021/ND-CP ("Decree 85/2021") amending Decree No. 52/2013/ND-CP dated 16 May 2013 on e-commerce. Decree 85/2021 shall take effective from 1 January 2022.
This Update provides the key features of Decree 85/2021.
27 Oct 2021 | VietnamSteering Away from Unfair Trade Practices
Consumer protection is taken seriously in Singapore. The Consumer Protection (Fair Trading) Act, as administered by Competition and Consumer Commission of Singapore ("CCCS"), protects consumers against unfair practices and grants consumers additional rights in respect of goods that do not conform to contract. The Consumers Association of Singapore ("CASE") is the body that generally first reviews complaints from local consumers and, to the extent that it cannot be resolved through negotiations, mediation or entering into a voluntary settlement, refers errant suppliers who persist in unfair trade practices to CCCS for investigation.In this Update, we highlight a recent case which demonstrates exactly this, where CCCS commenced action against an errant fire extinguisher supplier to prevent it from engaging further in unfair trade practices. We also outline updates issued by CASE on areas that it is focussing on to combat unfair trade practices, as highlighted by new CASE president, Mr Melvin Yong. 26 Oct 2021 | Singapore
The Law on the Amendment of the Labour Law Comes into Force on 6 October 2021
On 5 October 2021, Royal Kram No. NS/RKM/1021/011 on the Amendment of Articles 123, 138, 162, 300, 343, 350, 363, and 367 of the Labour Law ("Law on the Amendment of the Labour Law") was promulgated. As the law was promulgated on an urgent basis, it has come into force on 6 October 2021.
Under the Law on the Amendment of the Labour Law, four articles of the Labour Law have been substantially amended, including that which relates to the total number of working hours of employees who work on shifts.
Clarification of Amendments to Personal Data Protection Act – Follow-Up Changes to Regulations and Advisory Guidelines
The Personal Data Protection Act 2012 ("PDPA") has been undergoing a series of amendments pursuant to the Personal Data Protection (Amendment) Act 2020, aimed at enhancing the PDPA and strengthening organisation accountability and consumer protection. The changes have taken effect in phases, with the first phase coming into operation on 1 February 2021.As a follow-up to the earlier changes, a number of subsequent amendments have been made to the Regulations under the PDPA – specifically, the Personal Data Protection Regulations 2021 and the Personal Data Protection (Notification of Data Breaches) Regulations 2021. These amendments have taken effect from 1 October 2021, and serve to clarify the concept of significant harm for mandatory data breach reporting, defences for egregious mishandling of personal data and the provision of business contact information of Data Protection Officers. This {start}Update{end} provides a summary of the amendments to the Regulations.
22 Oct 2021 | Singapore
Exemption Frameworks for Cross-Border Business Arrangements for Foreign Offices & Foreign Related Corporations of Singapore FIs Take Effect
On 9 October 2021, the Monetary Authority of Singapore ("MAS") put in place an exemption framework to exempt the foreign head offices or branches ("FOs") of relevant financial institutions in Singapore ("Singapore FIs") conducting capital markets services and/or financial advisory services from applicable business conduct and representative notification requirements when the FOs conduct business in Singapore, subject to boundary and notification conditions ("Branch Framework"). The Branch Framework aims to level the playing field between FOs and foreign-related corporations of the Singapore FIs ("FRCs") which provide cross-border financial services in Singapore under a MAS approved arrangement with the Singapore FI ("FRC Framework").At the same time, the FRC Framework has been streamlined, moving away from the case-by-case approval approach to an ex-post notification approach. Before 9 October 2021, FRCs have to be approved by MAS to operate under the FRC Framework so that they are exempted from the licensing and applicable business conduct requirements under the Securities and Futures Act and Financial Advisers Act.
This Update provides an overview of the: (i) scope and boundary conditions under the new Branch Framework and revised FRC Framework; (ii) notification requirement for cross-border arrangements under the Branch Framework and the FRC Framework; and (iii) on-going requirements in relation to the Singapore FI's cross-border arrangements with its FOs and FRCs (including anti-money laundering and countering of the financing of terrorism (AML/CFT) requirements). 21 Oct 2021 | Singapore
Singapore High Court Refuses to Impose Conditions in Ordering a Stay of Proceedings in Favour of Arbitration in London
If a claim would be time-barred in arbitration, but not in the court proceedings that had been commenced within time, would that be enough reason to impose conditions when ordering a stay of court proceedings? The Singapore High Court answered the question in the negative in The Navios Koyo [2021] SGHC 131.This case is a reminder for parties to commence legal proceedings timeously and in the agreed forum, or risk the claim being time-barred. In this Update, we provide a summary of the decision and the key points potential disputants should note. 19 Oct 2021 | Singapore
Singapore and Malaysia Announce Protocols for Court-to-Court Cooperation in Cross-Border Insolvency and Shipping
On 5 October 2021, the Supreme Court of Singapore and the Federal Court of Malaysia announced the implementation of Protocols on Court-to-Court communication and cooperation in Admiralty, Shipping and Cross-Border Insolvency matters ("Protocols"). The Protocols put in place a framework for cooperation and communication between the two Courts to facilitate the efficient and timely coordination and administration of prescribed types of cases.
In this Update, we highlight the key features of the Protocols and how they impact cross-border commercial disputes.
15 Oct 2021 | MalaysiaSingapore and Malaysia Announce Protocols for Court-to-Court Cooperation in Cross-Border Insolvency and Shipping
On 5 October 2021, the Supreme Court of Singapore and the Federal Court of Malaysia announced the implementation of Protocols on Court-to-Court communication and cooperation in Admiralty, Shipping and Cross-Border Insolvency matters ("Protocols"). The Protocols put in place a framework for cooperation and communication between the two Courts to facilitate the efficient and timely coordination and administration of prescribed types of cases.In this Update, we highlight the key features of the Protocols and how they impact cross-border commercial disputes. 15 Oct 2021 | Singapore
Public Consultation on Proposed Amendments to Limited Partnerships Act
A limited partnership ("LP") is a vehicle for doing business in Singapore, comprising at least one general partner who takes on unlimited liability for the partnership's obligations (usually the fund manager), and one or more limited partners (investors) who are not personally liable for the partnership's obligations beyond their agreed commitments, provided they do not take part in the management of the LP.LPs are popular amongst investment funds due to the relative ease of day-to-day administration and management and flexibility in the capital structure. Their features include:
- Limitation of liability for investors;
- Greater privacy than companies;
- Greater flexibility than companies; and
- Tax transparency, as the partnership is not treated as a distinct tax entity from the partners.
- make the limited partnership vehicle more attractive to fund LPs; and
- update existing provisions in the LP Act for all types of LPs.
14 Oct 2021 | Singapore
MAS Consults on Features & Legislative Framework of Digital Platform for FIs to Share Information for AML/CFT Purposes
The Monetary Authority of Singapore ("MAS") is seeking feedback on its proposal to deploy a secured digital platform, to be named COSMIC (Collaborative Sharing of ML/TF Information & Cases), that will allow financial institutions to share information to help them detect and disrupt illicit transactions in a timelier manner. Such information relates to the particulars of a customer (including the beneficial owners and authorised signatories of the customer) and transactions, money laundering, terrorism financing and proliferation financing risk observations or analysis relating to the customer, or the high-risk behaviour exhibited.These proposals are set out in MAS' "Consultation Paper on FI-FI Information Sharing Platform for AML/CFT" that was published on 1 October 2021. The consultation ends on 1 November 2021, with MAS intending to launch COSMIC in the first half of 2023.
This Update outlines salient features of COSMIC and the proposed legislative framework. 14 Oct 2021 | Singapore
Interpreting Arbitration Agreements: A Cautionary Tale for Commercial Parties
With the indiscriminate spread of COVID-19 and the corresponding prevalence of remote hearing tools across the world, it has never been easier for disputes to be heard in a foreign jurisdiction of one's choice. However, all that glisters is not gold, and it pays for parties to pay special attention to the drafting of arbitration agreements and, in particular, references to the arbitral seat.In Civil Appeal No. 4 of 2019, the Court of Appeal of Brunei Darussalam ("BCA") considered an arbitration agreement that seemingly referenced both Brunei and Singapore as potential arbitral seats. Preferring a commonsensical approach, the BCA interpreted the arbitration agreement as having clearly established Brunei as the proper seat of the arbitration.
The BCA's decision goes beyond academic interest or discussion, and serves as a cautionary tale for commercial parties. In this Update, we look at the practical significance of the arbitral seat and how the wrong interpretation of an arbitration agreement may result in the uninformed party's waste of significant time and costs.
The Plaintiff shipowners in this case were successfully represented by Kendall Tan, Yip Li Ming, and Shaun Ou from Rajah & Tann Asia's Brunei desk. 12 Oct 2021 | Singapore
Bank of Lao PDR Issues Instruction on Converting Foreign Exchange Stores into Commercial Bank Representatives
On 2 August 2021, the Monetary Policy Department, Bank of Lao PDR ("BOL") issued Instruction No. 878/MPD on “Transferring Foreign Exchange Stores into a Representative of a Commercial Bank” ("Instruction"). The Instruction supplements/implements Notice No.758/MPD dated 12 July 2021 on “Converting Foreign Exchange Stores Representative of a Commercial Bank”. To comply with the laws and relevant regulations, BOL has issued various guidelines which cover, among other things, the following:
(a) Application to be a representative of a commercial bank;
(b) Determining exchange rates and trading currencies; and
(c) Operation of a foreign exchange store after becoming an agent.
08 Oct 2021 | Lao PDRBrighter Days Ahead as Indonesia's Ministry of Energy and Mineral Resources Revised Regulation on Rooftop Solar System
In August this year, the government revisited the regulation on rooftop solar systems and issued the Ministry of Energy and Mineral Resources ("MEMR") Regulation No. 26 of 2021 ("New Regulation"). This New Regulation became effective from 20 August 2021 and regulates rooftop solar system connected to the power supply grid owned by the holders of power supply business licence for public interest (Izin Usaha Penyediaan Tenaga Listrik untuk Kepentingan Umum) or commonly referred to as IUPTLU.
Despite their increased global popularity, buildings or properties with rooftop solar systems are still relatively rare in Indonesia. Previously, the government had already issued two regulations on rooftop solar systems, namely MEMR Regulation No. 1 of 2017 and MEMR Regulation No. 49 of 2018, as amended several times and lastly by MEMR Regulation No. 16 of 2019. The former regulated, among others, the parallel operation of a rooftop solar system and the electricity network owned by PLN – Indonesia’s state electricity company, while the latter regulated utilisation of a rooftop solar system by consumers of PLN. While the New Regulation revoked the 2018 regulation in its entirety, only the parallel operation related to the utilisation of rooftop solar system provisions in the 2017 regulation are revoked.
07 Oct 2021 | IndonesiaDecision on the Management of Accounting Software Comes into Operation on 28 July 2021
On 14 July 2020, the Ministry of Finance ("MOF") issued a Decision on the management of the accounting software No.1835/MOF ("Decision"), which was published in the Lao Official Gazette on 13 July 2021 and came into force on 28 July 2021. This Decision sets out the principles, rules, and measures in relation to the promotion of the use of modern tools in management-accounting activities. The Decision applies to individuals, legal entities, accounting units, and relevant departments/agencies using and developing accounting software in Lao PDR, and replaces the Decision No.0210/MOF dated 1 February 2010.
07 Oct 2021 | Lao PDRNew Rules for Appealing Competition Cases
When the Omnibus Law (Law No. 11 of 2020) was enacted, one of the changes in the competition law regime was moving the appeal against decisions of the Indonesia Competition Commission (“KPPU”) from the district court to the commercial court. As predicted, there were concerns in applying this new appeal procedure (click here to read).
Finally, on 16 September 2021, the Supreme Court issued a regulation regarding appeal to the commercial court (Supreme Court Regulation No. 3 of 2021 on the Submission and Examination of Appeal against KPPU Decision in the Commercial Court). This new regulation revoked Supreme Court Regulation No. 3 of 2019, which regulated appeals of KPPU decisions in the district court.
05 Oct 2021 | IndonesiaIndustry Consultation on the Licensing Framework for Cybersecurity Service Providers
The Cybersecurity Agency of Singapore ("CSA") has released its Industry Consultation Paper on the Licensing Framework for Cybersecurity Service Providers ("CSPs") under Part 5 of the Cybersecurity Act. While the rest of the Cybersecurity Act came into effect on 31 August 2018, the CSA intended for the licensing framework for CSPs to commence later after industry views on the implementation details have been gathered to enhance the practicality of the licensing framework.The CSA has considered the feedback received on the proposed licensing framework during the public consultation on the Cybersecurity Bill held in 2017 in its drafting of Part 5 of the Cybersecurity Act. The current Industry Consultation is focused on the implementation details of the licensing framework. In this Update, we provide a background of the types and scope of licensable services and highlight the key proposed conditions of the licensing regime found in the Industry Consultation Paper. 05 Oct 2021 | Singapore
2022 Minimum Wage for Workers in the Textile, Garment, Footwear, Travel Goods and Bags Industries
The Ministry of Labour and Vocational Training ("MLVT") issued Prakas No. 264/21 dated 28 September 2021 on the Minimum Wage Determination for Workers in Textile, Garment, Footwear, Travel Goods and Bags Industries for year 2022 ("Prakas").
According to the Prakas, starting from 1 January 2022, the minimum wage of workers in the textile, garment, footwear as well as travel goods and bags industries will be increased to US$194 per month from the current minimum wage of US$192 per month for year 2021.
04 Oct 2021 | Cambodia