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Articles from September 2007

Computer-Processed Personal Data Protection Act

Robin Winkler


The following is an unofficial English translation of Taiwan's Computer-Processed Personal Data Protection Act. The Chinese original may be found here. The Act was promulgated in 1995 and has not been amended despite significant technological and social changes in the interim.

It should be noted that over the past decade, the Ministry has used its power under Article 19-3 to list a number of industries as subject to the Act. These include real estate agencies, certain classes of retailers, and employment agencies. As with most such legislation, there are also a set of important Enforcement Rules that govern many of the practical aspects of how the Act is administered.

Chapter I General Provisions

Article 1
This Act is enacted for the purposes of regulating Computerized Processing of Personal Data, preventing infringement on rights of personality, and promoting fair Use of Personal Data.

Article 2
Protection for Personal Data shall be in accordance with the provisions of this Act; provided, where there are [relevant] provisions in other laws, the provisions of such laws shall apply.

Article 3
In this Act the following terms shall be defined as follows:


  1. "Personal Data" means a natural person's name, date of birth, national identification number, special features, fingerprints, marital, family, education, occupation, health, medical history and financial status, social activities and other data which is sufficient to identify that person.
  2. "Personal Data File" means a set of Personal Data stored in electromagnetic recordings or other similar media for Specified Purposes.
  3. "Computer Processed" means the input, storage, editing, correction, indexing, deletion, output, transmission or other processing of data by means of a computer or an automated machine.
  4. "Collection" means acquisition of Personal Data for establishment of a Personal Data File.
  5. "Use" means the internal use, or provision to a third party other than the Subject, of a Personal Data File by a Public Agency or a Non-Public Agency which maintains such file.
  6. "Public Agency" means a central or local government agency which exercises government authority pursuant to law.
  7. "Non-Public Agency" means the following enterprises, organizations or individuals other than the agencies referred to in the preceding subparagraph:
    (1) credit information business and organizations or individuals whose principal business is to engage in the Collection or Computerized Processing of Personal Data;
    (2) hospitals, schools, telecommunications business, financial business, securities business, insurance business and mass media business; or
    (3) other enterprises, organizations or individuals designated by the Ministry of Justice in consultation with the central competent authorities having jurisdiction [over the business of such enterprise, organization or individual].
  8. "Subject" means the person whose Personal Data is the subject matter [of Personal Data].
  9. "Specified Purposes" means the purposes prescribed by the Ministry of Justice in consultation with the central competent authorities for specified businesses.

Article 4
A Subject may exercise the following rights relating to his Personal Data in accordance with the provisions of this Act; such rights may not be waived or limited in advance by a special agreement:


  1. inquiry and request for review;
  2. request for duplicates;
  3. request for supplementation or correction;
  4. request to cease Computerized Processing or Use; or
  5. request for deletion.

Article 5
Where an organization or individual is retained to process data by a Public Agency or Non-Public Agency, the person who processes the data shall be deemed as personnel of the retaining party [for purposes of] the applicability of the scope of this Act.

Article 6
Collection or Use of Personal Data shall be with respect for the rights and interests of the Subject, shall be undertaken a truthful and credit worthy manner and shall not exceed the scope of necessity for a Specified Purpose.

Chapter II Data Processing by a Public Agency

Article 7
A Public Agency shall not engage in the Collection or Computerized Processing of Personal Data unless for Specified Purposes and in conformity with one of the following circumstances:


  1. within the scope of necessity for the fulfillment of its official functions and duties as provided by laws and regulations;
  2. with the written consent of the Subject; or
  3. there is no likelihood of injury to the rights and interests of the Subject.

Article 8
Use of Personal Data by a Public Agency shall be within the scope of necessity for the fulfillment of its official functions and duties as provided by laws and regulations and in conformity with the Specified Purposes of Collection; provided, Use outside of the Specified Purposes of Collection may be made in any of the following circumstances:


  1. such use is expressly provided by law or regulation;
  2. such use is legitimate and for internal use only;
  3. such use is to protect national security;
  4. such use is to promote public interest;
  5. such use is to avoid imminent danger to the life, body, freedom, or property of the Subject;
  6. such use is necessary for preventing serious damage to the rights and interests of others;
  7. such use is necessary for academic research and does not injure the major interests of others;
  8. such use is favorable to the rights and interests of the Subject; or
  9. such use is authorized by written consent of the Subject.

Article 9
International transmission and Use of Personal Data by a Public Agency shall be in accordance with relevant laws and regulations.

Article 10
A Public Agency maintaining Personal Data Files shall announce, in the official gazette or by other appropriate means, the following matters; this shall also apply to any changes in such matters:


  1. file name of the Personal Data;
  2. name of the Public Agency maintaining the file;
  3. name of the Public Agency using the Personal Data File;
  4. basis and Specified Purposes for maintaining the Personal Data File;
  5. classification of the Personal Data;
  6. scope of the Personal Data;
  7. Collection method of the Personal Data;
  8. place to where the Personal Data is usually transmitted, and recipients thereof;
  9. direct recipients of international transmission of the Personal Data; and
  10. name and address of the Public Agency accepting applications for inquiry, correction, and review of the Personal Data.

The classification of Personal Data as set forth in subparagraph 5 of the preceding paragraph shall be prescribed by the Ministry of Justice in consultation with the central competent authorities having jurisdiction over the relevant business.

Article 11
The following Personal Data Files may not be subject to the provisions of the preceding article:


  1. files relating to national security, diplomatic and military secrets, overall economic interests, or other major matters of national interest;
  2. files relating to cases under examination by Grand Justices of the Judicial Yuan, cases under examination by the Committee on the Discipline of Public Functionaries, and matters concerning court investigation, trial, judgment, execution, or processing of non-litigious matters;
  3. files relating to crime prevention, criminal investigation, execution of a criminal punishment, corrective or protective measures for the offenders, or prisoner's post-incarceration protection;
  4. files relating to administrative punishment and compulsory execution thereof;
  5. files relating to administration of border entrance and exit security examination or refugee examination;
  6. files relating to taxes and collection thereof;
  7. files relating to personnel, daily duties, salary, sanitation, benefits, or related matters of Public Agencies;
  8. files specially provided for experimental Computerized Processing;
  9. files to be deleted prior to public announcement in the official gazette;
  10. files in which only the name, domicile, exchanges of money and things with the Subject are recorded as a necessary part of official business contacts;
  11. files separately created for internal use by the personnel of a Public Agency solely for the discharge of their public duties; or
  12. other files specifically provided by law.

Article 12
Upon request by a Subject, a Public Agency shall reply to inquiries about the Personal Data Files it maintains, permit review of such files, or make duplicates thereof; provided, this shall not apply in any of the following circumstances:

  1. the Personal Data File may not be made public pursuant to the preceding article;
  2. the Personal Data File is likely to cause interference with the fulfillment of public functions and duties; or
  3. the Personal Data File is likely to injure important interests of a third party.

Article 13
A Public Agency shall maintain the accuracy of Personal Data and make timely corrections or supplements ex officio or upon request by a Subject.

When a dispute about the accuracy of Personal Data arises, a Public Agency shall, ex officio or upon request by the Subject, cease Computerized Processing and Use of such Personal Data; provided, this shall not apply where such Personal Data are required for execution of duties [of the Public Agency], and the [aforementioned] dispute is noted, or the written consent of the Subject has been obtained.

When the Specified Purpose of Computerized Processing of Personal Data no longer exists or the time limit thereof expires, a Public Agency shall, ex officio or upon request by a Subject, delete or cease Computerized Processing and Use of such data; provided, this shall not apply where the data is required for execution of duties [of the Public Agency], change of their purposes is made in accordance with this Act, or the written consent of the Subject has been obtained.

Article 14
A Public Agency shall maintain a register which sets out the matters announced pursuant to Article 10-1 of this Act; the register shall be made available to the public for inspection.

Article 15
A Public Agency shall process requests made by a Subject in accordance with this Act within thirty days [upon receipt of such request]. If the request can not be processed within such time limit, the applicant shall be advised of the reasons therefor in writing.

Article 16
It is within the discretion of a Public Agency to determine the fees it will charge for inquiries or reviews of Personal Data, or for duplicates thereof.
The amount of the fees referred to in the preceding paragraph shall be determined by each [concerned] Public Agency.

Article 17
A Public Agency maintaining Personal Data Files shall designate special personnel to take exclusive responsibility, in accordance with relevant laws and regulations, for matters relevant to safety maintenance and to prevent burglary, alteration, destruction, disappearance, or disclosure of Personal Data.


Chapter III Data Processing by Non-Public Agencies

Article 18
Unless for a Specified Purpose and in compliance with any of the following circumstances, a Non-Public Agency shall not engage in the Collection or Computerized Processing of Personal Data:


  1. written consent from the Subject is obtained;
  2. the Non-Public Agency has a contractual or quasi-contractual relationship with the Subject and there is no likelihood of harm to the rights and interests of the Subject;
  3. such Personal Data is already public and there is no harm to the important interest of the Subject;
  4. [the Collection or Computerized Processing of Personal Data] is made for academic research and there is no harm to the important interest of the Subject; or
  5. [the Collection or Computerized Processing of Personal Data] is made pursuant to the relevant laws and regulations in connection with Article 3-1-7-2 of this Act and special provisions of other laws.

Article 19
A Non-Public Agency not registered with and licensed by the competent authority with jurisdiction over such agency shall not engage in Collection, Computerized Processing, international transmission, or Use of Personal Data.

A credit information business and an organization or individual whose principal business is to make Collection or Computerized Processing of Personal Data shall obtain permission from the competent authority with jurisdiction over such business organization or individual and shall obtain [appropriate] registrations and licenses therefor.

Registration procedures, conditions of permission, and fee standards contained in the preceding two paragraphs shall be determined by the central competent authority for specified businesses.

Article 20
Applicants for registration referred to in the preceding article shall file an application stating the following items:


  1. applicant's name, residence or domicile; and, if the application is a juristic person or non-juristic organization, its name, principal office, branch office, or business place, and the name, residence or domicile of its representative or administrator;
  2. names of Personal Data Files;
  3. Specified Purposes of maintaining Personal Data Files;
  4. classification of Personal Data;
  5. scope of Personal Data;
  6. duration of maintenance of Personal Data Files;
  7. Collection method of Personal Data;
  8. scope of Use of Personal Data Files;
  9. direct recipients of international transmission of Personal Data;
  10. name of person responsible for maintaining Personal Data Files; and
  11. safety maintenance plan of Personal Data Files.

Changes in the above items shall be applied for within fifteen days after change of such item occurs. If a business is terminated, the termination of registration shall be applied for within one month after the termination of operations takes place.

When application for termination of the registration in the preceding paragraph is filed, the method of disposal of the Personal Data maintained by the applicant shall be reported to, and approval for such method shall be obtained from, the competent authority with jurisdiction over the applicant.

The Specified Purposes under Article 20-1-3 and classification of data under Article 20-1-4 shall be prescribed by the Ministry of Justice in consultation with the central competent authorities for specified businesses.

The standard for the safety maintenance plan of Personal Data Files as set forth in paragraph 1, subparagraph 11 and the method of disposal in paragraph 3 [all of this Act] shall be prescribed by the central competent authority for specified businesses.

Article 21
When the registration application in the preceding paragraph is approved, a Non-Public Agency shall announce the matters set forth in paragraph 1, subparagraphs 1 through 10 of the preceding article in an official gazette and publish them in local newspapers.

Article 22
A Public Agency shall maintain a register which sets out the matters contained in paragraph 1, subparagraphs 1 through 10 of Article 20; the register shall be made available to the public for review.

Article 23
Use of Personal Data by a Non-Public Agency shall be within the scope of necessity for the Specified Purpose of Collection; provided, Use beyond the Specified Purpose may be made in any of the following circumstances:


  1. such use is to promote public interest;
  2. such use is to avoid imminent danger to the life, body, freedom, or property of the Subject;
  3. such use is necessary for preventing serious damage to the rights and interests of others; or
  4. such use is authorized by written consent of the Subject.

Article 24
In any of the following circumstances, the competent authority for specified businesses may restrict international transmission and Use of Personal Data by a Non-Public Agency:


  1. such transmission and use involve major matters of national interest;
  2. such transmission and use are subject to special provisions of an international treaty or agreement;
  3. the receiving country lacks proper laws and regulations to adequately protect Personal Data, such that the rights and interests of the Subject are likely to be injured; or
  4. [Personal Data] is indirectly transmitted to or used [through] a third country to evade this Act.

Article 25
A competent authority for specified businesses may, if it deems necessary, send officials with identification documents to order a Non-Public Agency which is subject to permission or registration by such competent authority to provide relevant data or give other necessary cooperation in relation to matters provided in this Act; such officials may visit the Non-Public Agency to conduct inspection. Upon detection any data violating this Act may be seized.
The Non-Public Agency shall not evade, hinder, or refuse the order, inspection, or seizure set forth in the preceding paragraph.

Article 26
The provisions of Articles 12, 13, 15, 16-1, and 17 shall apply mutatis mutandis to a Non-Public Agency.
The fee standard of a Non-Public Agency applying mutatis mutandis Article 16-1 shall be prescribed by the central competent authority with jurisdiction over such agency.

Chapter IV Compensation for Damage and Other Remedies

Article 27
A Public Agency violating the provisions of this Act so as to injure the rights and interests of a Subject shall be liable for compensation; provided, this shall not apply where such injury is due to natural disasters, accidents, or other causes of force majeure.

The injured party, though having [only] suffered non-pecuniary injury, may nevertheless claim an appropriate amount of monetary compensation ,and if there is damage to reputation, appropriate measures may be requested to restore such reputation.

The total amount of compensation for damages prescribed in the preceding two paragraphs shall be between Twenty Thousand New Taiwan Dollars and One Hundred Thousand New Taiwan Dollars for each event to each person; provided, this shall not apply where there is evidence to support a higher amount of damages.

In case of compensation for injuries to a Subject [or a number of Subjects] due to one single cause and fact, the aggregated amount of compensation shall not exceed Twenty Million New Taiwan Dollars.

The claim for compensation set forth in the second paragraph [of this Article] shall not pass to another person through transfer or succession; provided, this shall not apply to a claim for monetary compensation which has been acknowledged by contract or upon which an action has been commenced.

Article 28
A Non-Public Agency which violates the provisions of this Act so as to cause damage to the interests of a Subject shall be liable for compensation; provided, this shall not apply where it can be proven [by such agency] that there was no willful or negligent act.

The provisions of paragraphs 2 through 5 of the preceding article shall be applicable to claims for compensation made pursuant to the provisions of the preceding paragraph.

Article 29
A claim for compensation shall be extinguished two years after the time when the injured party becomes aware of the damage and [can identify]the person liable for compensation; or after five years from the time when such damage occurs.

Article 30
In addition to the provisions of this Act, compensation for damages shall be governed by National Torts Compensation Act in the case of Public Agencies, and the Civil Code in the case of Non-Public Agencies.

Article 31
If a Subject meets with refusal from a Public Agency in exercising the rights specified under Article 4, or a request is not processed within the time limit prescribed in Article 15, the Subject may, within twenty days after the refusal or expiry of the time limit, request in writing the supervising authority [of the Public Agency in question] to take proper action.

The supervising authority referred to in the preceding paragraph shall, within two months after receipt of the request, notify the applicant in writing of the result of its action.

Article 32
If a Subject meets with refusal from a Public Agency in exercising the rights specified under Article 4, the Subject may, within twenty days after the refusal or after the expiry of the time limit, request in writing the competent authority with jurisdiction over such agency to take proper action.

The competent authority referred to in the preceding paragraph shall, within two months after receipt of the request, notify the applicant in writing of the result of its action. If the request is deemed to be reasonable, an order shall be issued to request the Non-Public Agency to rectify its act.

Chapter V Penalties

Article 33
A person who intends to profit through acts in violation of the provisions of Articles 7, 8, 18 and 19-1, 19-2, Article 23, or of a restriction order issued in accordance with Article 24 of this Act, and who thereby causes damage to others shall be punished with imprisonment of up to two years, detention, or in lieu thereof, or in addition thereto, a fine of up to Forty Thousand New Taiwan Dollars.

Article 34
A person who intends to pursue the illicit gain for his own or a third party, or to cause injury to the interest of another party, by engaging in the illegal output, interference, alteration, or deletion of a Personal Data File, or otherwise unlawfully impairs the accuracy of a Personal Data File, thereby causing damage to another party, shall be punished with imprisonment of up to three years, detention, or a fine of up to Fifty Thousand New Taiwan Dollars.

Article 35
A public functionary, who on account of office, opportunity, or methods available in the discharge of duty, commits the crimes set forth in the preceding two articles, shall be subject to criminal punishment set forth in the preceding articles with such punishment increased by fifty percent.

Article 36
Prosecution for offenses under this Chapter may be instituted only upon complaint.

Article 37
Where more severe punishment is stipulated by other laws for the commission of an offense under this Chapter, the provisions of such other laws shall govern.

Article 38
In any of the following circumstances, the competent authority for specified businesses may punish the responsible person by a fine of Twenty Thousand New Taiwan Dollars to One Hundred Thousand New Taiwan Dollars and request such agency to rectify its act within a specified time period. In case no rectification is made within the time period, the preceding fine will be imposed for each violation until rectification is made.


  1. Violation of the provisions of Article 18 of this Act.
  2. Violation of the provisions of Article 19-1 or 19-2 of this Act.
  3. Violation of the provisions of Article 23 of this Act.
  4. Violation of the restriction order issued under the provisions of Article 24 of this Act.

In case of a serious violation of subparagraphs 1, 3, or 4 of the preceding paragraph, the permission granted or registration made under this Act may be revoked or canceled.

Article 39
In any of the following circumstances, the competent authority for specified businesses may request [a concerned agency] to rectify its act within a specified time period. In case no rectification is made within the time period, the responsible person [of the agency] shall be punished with a fine of Ten Thousand New Taiwan Dollars to Fifty Thousand New Taiwan Dollars for each violation until rectification is made.


  1. Violation of Article 20-2 of this Act.
  2. Violation of Article 21 of this Act regarding publication in local newspapers.
  3. Violation of Article 22 of this Act.
  4. Violation of Article 26-1 for which Articles 12, 13, 15 and 17 are applicable mutatis mutandis.
  5. Violation of the fee standard under Article 26-2 of this Act.

In case of a serious violation of subparagraphs 1, 2, 3 or 4 of the preceding paragraph, the authorization or registration pursuant to this Act may be revoked or canceled.

Article 40
For each instance of the following, the competent authority for specified businesses may punish the responsible person [of a concerned agency] by a fine of Ten Thousand New Taiwan Dollars to Fifty Thousand New Taiwan Dollars:


  1. failure to comply with the method of disposal approved by the competent authority for specified businesses under Article 20-3 of this Act;
  2. violation of the provisions of Article 25-2 of this Act; or
  3. Failure to rectify conduct within a time limit specified pursuant to Article 32-2 of this Act.

In case of a serious violation of subparagraphs 2 or 3 of the preceding paragraph, the authorization or registration pursuant to this Act may be revoked or canceled.

Article 41
Nonpayment of a fine imposed under this Act beyond a notified time limit shall be subject to compulsory execution by the court.

Chapter VI Supplementary Provisions

Article 42
The Ministry of Justice shall be responsible for the coordination and contacts in connection with matters relating to the execution of this Act; rules governing such coordination and contacts shall be prescribed by the Ministry of Justice.

Where there is no competent authority for a specified business, the Ministry of Justice shall handle matters which are required by this Act to be handled by a competent authority for specified business.

The Ministry of Justice and the competent authority for specified businesses may, if necessary, retain a public-interest organization to process the registration and announcement for the Collection, Computerized Processing, and Use of Personal Data by Non-Public Agencies or for the administration of other matters relating thereto.

Article 43
[Operations] of Collection or Computerized Processing of Personal Data prior to the effective date of this Act, which pursuant to the provisions of this Act are required to obtain registration or authorization, should file [for such registration or authorization] within one year after this Act becomes effective.

Enterprises, organizations, or individuals designated by the Ministry of Justice in conjunction with the central competent authority with jurisdiction over such enterprises, organizations or individuals pursuant to Article 3-1-7-3 of this Act, shall obtain registration or authorization within six months from the date of such designation.

Where [the operation] fails to file an application or authorization is not obtained within the time limit prescribed in the preceding two paragraphs, it shall be deemed that the registration has not been obtained or authorized.

Article 44
The Enforcement Rules of this Act shall be prescribed by the Ministry of Justice.

Article 45
This Act shall become effective on the day of its promulgation.

Categorised in Feature. Tagged: ,

Taiwan Review on Translation

Paul Cox of the Winkler Partners translation department is quoted at some length in a Taiwan Review article on the translation industry in Taiwan. Paul teaches a course on legal translation at the Graduate Institute of Translation and Interpretation Studies at Fu Jen Catholic University in Taipei and currently working on a translation of Taiwan's recently overhauled Civil Code.

Categorised in WP In the News. Tagged: ,

Taiwanese Investment in China

On Monday (Sept. 24), the Chinese-language China Times, ran a series of articles (now behind the China Times paywall) on Taiwanese companies in China focusing on a new wave of Taiwanese investments in second and third tier cities in the north and west. While officials from Taiwan's cabinet-level Mainland Affairs Commission estimate the total amount of Taiwanese investment at US$150 billion, the China Times gives some interesting statistics on investments by companies listed on Taiwanese exchanges.

Another noteworthy figure is the number of Taiwanese residing in China for more than 180 days per year, which the paper puts at 750,000 including dependents. This is a significant number to be sure, but is less than the figure of one million or more frequently reported in the English-language media.

Although Taiwanese businesses operating in China face many of the same challenges as other foreign businesses do and must never be assumed to enjoy the same home court advantages that Chinese firms may have, they can be valuable partners because they speak the language, share a common cultural background, and have experience both in China and often internationally.

It is also worth noting that projects with Taiwanese businesses can be secured with the considerable assets that many have back in Taiwan and where they are subject to a mature legal system and independent courts.

Categorised in Note. Tagged: ,

Intellectual Property Court Delayed until 1 July 2008

The Chinese-language media reported last week that Taiwan's long awaited Intellectual Property Court will not begin hearing cases until July 1, 2008. The new court was originally expected to begin hearing cases in August 2007, but that date was pushed back until January 2008 last month.

According to these reports, Kao Hsiu-chen (高秀真), director of the Judicial Yuan's Department of Administrative Litigation and Discipline, has announced that the Intellectual Property Court's Preparatory Office is now up and running but will need 10 more months to be certified and complete renovations.

The Intellectual Property Court will sit in Banciao, Taipei County's administrative seat, where it will hear civil, criminal, and administrative disputes over intellectual property. For civil disputes, the court will serve as both the trial court and the appellate court. The Supreme Court will be the court of last resort for civil IP matters.

Criminal IP complaints, however, will continue to be heard in ordinary District Courts while the new IP Court will be the intermediate appellate court. The court of last resort in criminal IP cases will be the Supreme Court.

Administrative IP cases will be heard by the IP Court in the first instance with the Supreme Administrative Court directly hearing appeals as the court of last resort.

Kao noted the importance of intellectual property to Taiwan by observing that Taiwanese inventors ranked fourth for the number of patents filed with the U.S. Patent and Trademark Office in 2005. Taiwan also files significant numbers of patent applications in the EU, Japan, and South Korea.


Categorised in Update. Tagged:

Digital Content Industry Development Act

Marcus Clinch

The Executive Yuan has approved the Ministry of Economic Affairs's draft Digital Content Industry Development Act. While the Act is in many ways a traditional technocratic to jump start the digital content industry just as the Ministry did with high tech IT manufacturing in the 1990s, it is of special interest to IP legal community because it allows rights holders to use their IP as collateral in secured transactions, sets up an agency to value IP assets so that they can be used as collateral, and permits orphaned works to be claimed by those who would exploit them.

The Act seeks to foster the development of as well as provide a better regulatory framework for Taiwan’s burgeoning digital content industry. And it would, in its present form, significantly alter the digital landscape in Taiwan.

Taiwan identified its digital content industry as one of the two industries for development in its “Two Trillion, Twin Stars” plan first set out in 2002. The “Two Trillion, Twin Stars” seeks to develop the digital content and biotechnology industries into industries with individual annual production values in excess of NT$1 trillion (approximately US$30 billion). The digital content industry, with a production value of NT$340 billion at the end of 2006, seeks to capitalize on the growing regional and global demand for Chinese-language and Chinese-culture digital content.

The Act would see the establishment of a registry system for security interests in copyrighted digital content. Changes to copyright laws over the last two decades have been increasingly seen as a hurdle to the effective exploitation of digital content as local copyright holders currently do not have a means by which to record ownership. Copyright protection would still be granted upon creation under the Copyright Act itself but the proposed security registry would allow for the recordation of the creation, transfer, amendment, expiration, and disposal of security interests in digital content. The owner of a security interest would not be able to assert its rights against a bona fida third-party without first having recorded that interest. The Act also calls for the creation of an agency that would undertake the valuation of intellectual property rights associated with digital content. (This would include trademark and patent rights as well as copyrights.) The government hopes that the establishment of the registry and agency will encourage and facilitate the use of digital content as collateral to secure financing for further development.

The Act also seeks to address the issue of orphaned works and allow for their exploitation in digital form. The Copyright Act currently does not offer a means by which interested parties can make use of orphaned works absent the traditional copyright exceptions for use. The Act would establish a mechanism whereby orphaned works could be utilized if the intended user demonstrates that all reasonable means to obtain authorization from the rights owner have been exhausted. A non-exclusive authorization to use the orphaned work in digital form could then be granted. Authorized users of orphaned works would have to indicate the date, authorization number, and scope of the authorization within the digital work. An authorization itself would stipulate the terms of use, set out a licensing fee that would have to be deposited into a collective fund, and be a matter of public record. The rights owner of the orphaned work would then be entitled to make a claim against the fund if he or she came forward in the future.

Categorised in Feature. Tagged: , , ,

Personal Data to be Removed from Judicial Yuan’s Online Case Database

Marcus Clinch

The Judicial Yuan has maintained a public and searchable database of criminal, civil, and administrative court decisions in Chinese since 1988. The Judicial Yuan, however, announced in July 2007 that personal data would be redacted effective 1 July from judicial decisions available through the database citing privacy considerations. The ease at which the public could access judicial decisions through the Judicial Yuan’s online portal had led to a growing number of complaints in recent years from parties to the decisions over the availability of their personal data. Some specific personal data - national identification numbers, birth dates, and residential addresses - had previously been removed from cases published online.

The Judicial Yuan has relied on following the spirit of the Computer Processed Personal Data Protection Act to support the change in policy. Under the Act, personal data means a natural person's name, date of birth, national identification number, special features, fingerprints, marital, family, education, occupation, health, medical history and financial status, social activities and other data which is sufficient to identify such person. The Judicial Yuan has indicated that names, national identification numbers, birth dates, residential addresses telephone numbers and bank account numbers will be removed. The most notable effect will be that it will no longer be possible to identify the individual parties to judicial decisions within the online database.

Categorised in Update. Tagged: ,

Taiwanese Law in English: Standards and Nomenclature

Paul Cox

Introduction and Sources

Since 2002, Taiwan's national government (through the cabinet-level Research, Development, and Evaluation Commission) has been urging all government agencies to create bilingual websites. In tandem with this effort, many agencies have been working to complete English translations of the core laws in their jurisdictional areas for publication on their websites, to make Taiwan's laws more accessible to those who do not read Chinese. Although such translations are for reference only and the Chinese text always governs1, the agencies are making efforts to produce accurate and serviceable English versions. Also, in 2003, Taiwan's Executive Yuan (Cabinet) published its first official guidelines for the standard translation of some key legal terminology.

Even before these recent initiatives, reference translations of some Taiwanese laws had been available from various sources for several decades, but the translations available at any given time varied in quality (some excellent, some less so) and up-to-dateness. And despite the recent advances, a number of challenges remain in producing more complete and standardized translations of Taiwanese law.

For a list of sources, please refer to Online Sources of English Translations of Taiwanese Law.


Standardizing Taiwanese Legal Terms in English

The task of translating Taiwan's laws into English is impeded by the paucity of authoritative guidelines and resources for standardizing the English terminology used in translations. Such standardization is difficult because Taiwan's legal system historically is a civil law system modeled after aspects of the German, Japanese, Swiss, and French systems. While a certain legal term in Taiwan may have a clear counterpart in a language such as German or Japanese, the term, or the legal concept it represents, may not have a ready counterpart in English2.

The lack of authoritative translation guidelines is reflected in the inconsistent English names by which individual laws have been known in the past. For example, Taiwan's basic corporate governance law, the Company Act, has historically been referred to by various names in English, including the "Company Law," "Company Act," and "Corporate Statute." This kind of inconsistent terminology is already widely scattered across the Internet, compounding the potential for further confusion.

2003 Legal Translation Guidelines

The prospects for consistent English terminology in translating Taiwanese law brightened when the first (and as of today still the only) official guidelines relating to English legal translation were issued through a formal letter by Taiwan's Executive Yuan (Cabinet) on 3 July 2003. These brief guidelines (entitled the Table of Standard English Translations of Legislative Nomenclature and referred to as the Table of Standard Translations below) specify standard nomenclature to be used in the translated names of, and in citations to, Taiwanese legislation. The Table of Standard Translations is critical to the English translation of Taiwanese law, so I introduce some key terminology from the Table and related concepts below.

"Act," "Regulation," and "Direction"

The two main categories of written law under Taiwan's Constitution are: (1) statutes (法律) enacted by the national legislature and promulgated by the president, and (2) statutory regulations (法規命令, referred to simply as "regulations" below) issued by a government agency that has been authorized to do so under an enabling statute, either specifically or by authorized power of office. The hierarchy of authority is clear-cut: a statute may not conflict with the constitution (and is void if it does), and a regulation may not conflict with any statute.3

One source of past confusion is that, according to Taiwan's National Legislation Standards Act, any of four different Chinese terms ( 法, 律, 條例, 通則) may be used in the name of a statute to identify it as a statute (without actually using the word "statute" in the name). Similarly, any of seven different Chinese terms may be used in the name of a regulation to identify it as a regulation.

These variant Chinese terms in the names of statutes and regulations have no bearing on the relative authority of one statute over another or one regulation over another. They are merely descriptive, in a general way, of the type of subject matter addressed. Taiwan has therefore decided to simplify things in English by using the English word "Act" across the board in the translated names of Taiwanese statutes and the English word "Regulation" across the board in the translated names of regulations.4 The rationale is that this will immediately inform an English reader whether a piece of legislation falls in the higher category of a legislature-enacted statute or in the lower category of an agency-issued regulation.

In addition to issuing regulations under authority vested in them by statutes, Taiwan's government agencies often issue guidelines governing their internal operations and procedures or giving general instructions to subordinate agencies or officers. These may be published for public reference, but are not directly binding on the public. Such guidelines are collectively referred to in Chinese as "administrative directions" (行政規則), but individually are issued under a variety of different Chinese names that literally translate into various terms such as "procedural key points," "principles," and "matters for attention" (作業要點, 原則, 注意事項). To help distinguish such administrative guidelines from binding statutory regulations, the Table of Standard Translations prescribes that the English word "Directions" be used across the board to translate the names of such guidelines, regardless of their actual names in Chinese.

Citation Terminology

Besides setting out standard nomenclature for the English names of Taiwan's statutes, regulations, and administrative directions, the Table of Standard Translations also prescribe standard English terms to be used when citing legislation. Statutes and regulations are divided into the basic unit of "articles," which may be further subdivided into "paragraphs," "subparagraphs," and "items" (條, 項, 款, 目).

The articles of longer statutes and regulations may also be grouped into "parts," "chapters," "sections," "subsections," and "items" (編, 章, 節, 款, 目). Articles newly inserted by amendments may be indicated by the number of the preceding article plus a hyphenated numerical suffix -1, -2, -3, etc. (equivalent in function to the bis, ter, quater...sometimes used for the same purpose in legislation abroad). The Table of Standard Translations also gives generic English names for four general chapter headings found in many of Taiwan's statutes: General Principles, General Provisions, Penal Provisions, Supplementary Provisions (總則, 通則, 罰則, 附則).

Further Issues in the Translation of Taiwanese Law

The terminology introduced above is essentially the extent of the brief official Table of Standard Translations. So translators are still left largely to their own devices in deciding what English term is the most appropriate translation of a given Chinese legal term in Taiwan. Some other quasi-official reference materials are available in the form of bilingual lexicons posted on the websites of some government agencies. And, of course, existing English translations of statutes and regulations published by government agencies also provide valuable reference material to translators.

Taiwan does not have a single ministry or agency in charge of producing translations. Individual agencies handle the translation of key statutes and regulations within their purview. For example, the Taiwan Intellectual Property Office currently handles the translation of patent, copyright, and trademark regulations, the Securities and Futures Bureau and related agencies coordinate the translation of capital markets regulations, and so forth. These agencies may assign staff to produce translations internally or may outsource translation work through government procurement procedures. The practice of making government agencies responsible for translations within their own areas of competency has helped to maintain fair (though still varying) quality in translations.

A basic issue in legal translation between any languages is that the "legal meaning" of a word (the word's meaning in a specific legal context) may differ from the plain language meaning of the word. A competent translator of legal texts must firmly grasp the legal meaning of a term before deciding on the appropriate translation for it in the target language. The legal meaning may derive from customary usage in the legal field or from a definition written into a statute or regulation. For example the Chinese term for "mergers and acquisitions" (併購) is specifically defined in Taiwan's Business Mergers and Acquisitions Act as including not just "mergers" and "acquisitions" but also "demergers."5 When translating the term in a context dictated by that act, the translator needs to be aware of this extra meaning and may need to convey it in the translation or in a note to the translation.

A further point to bear in mind when reading Taiwan's laws, whether in Chinese or in translation, is that when a statute or regulation is amended, some or all of the amended articles may be designed to take effect on a later date. In many cases this is not immediately apparent from the text of the articles in question. For this reason, readers should also consult the legislative history (a list of past amendments, the articles affected, and the dates of effectiveness) that is published along with the text of the statute or regulation.

Resources for Finding Taiwanese Law in English

Following the endnotes below is a reference list of some websites containing Chinese and English texts of various Taiwanese laws. (All of the websites listed are free of charge except for the Lawbank database, which provides limited access for free but requires a paid subscription for full access.)

Notes:


  1. The official language of the law in Taiwan is Chinese, and the Chinese-language versions of Taiwan's laws are the only authoritative versions. It bears emphasizing though that while Chinese is the official language of the law in both Taiwan and China, the two countries have very different legal systems, and identical Chinese language terms may have fundamentally different meanings in each.
  2. In recent years, especially in the areas of administrative and criminal law, Taiwan's lawmakers have increasingly also consulted the law of English-speaking countries when drafting legislation, and this naturally eases the job of producing subsequent English translations.
  3. In addition to the Constitution, statutes, and regulations, Taiwan's system also recognizes, to varying extents, other sources of law including treaties and international agreements, emergency orders, certain court decisions and orders and interpretations by government agencies, customs, scholarly treatises, and legal principles.
  4. To this general rule, the Table of Standard Translations also specifies a few exceptions, as follows: five of Taiwan's basic statutes are to be named in English "Code" (rather than "Act"): the Civil Code, Criminal Code, Code of Civil Procedure, Code of Criminal Procedure, and Code of Administrative Procedure; and two categories of regulations (施行細則, 標準) are to be named respectively "Enforcement Rules" and "Standards" (rather than "Regulations").
  5. Business Mergers and Acquisitions Act, Art. 4(1)(ii).


Paul Cox heads the Winker Partners Translation Department.

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Online Sources of English Translations of Taiwanese Law

Paul Cox

The first two databases listed are public and bilingual. Both have English pages with links to translations of many of Taiwan's statutes, regulations, and judgments. The third, Lawbank, is a commercial service but deserves special mention because it also includes a searchable collection of administrative letters of interpretation (Chinese only) and English translations of varying quality unavailable elsewhere.


  1. Ministry of Justice law database
  2. Judicial Yuan law database
  3. Lawbank law database

Some other web pages providing translations of Taiwanese laws in specific areas are listed below. It should be noted he home pages of most Taiwan's government agencies provide English translations of selected key laws and regulations in the agency's jurisdiction. The new National Immigration Agency and the Council of Labor Affairs are important examples.

  1. Capital markets law
  2. Intellectual property law
  3. Competition law
  4. Environmental law
  5. Business and industrial law
  6. Banking law Tax law
  7. Insurance law

The primary and centralized source for new laws, regulations, and administrative acts and decrees is the Executive Yuan Gazette Online.While the full announcements are only available in Chinese, their abstracts are expertly translated and updated every weekday.

Paul Cox leads the Winkler Partners Translation Department.

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Chinese Professionals in Taiwan

An important but sometimes overlooked factor in China’s explosive economic growth has been the over US$150 billion invested in China by Taiwanese businesspeople and the 750,000 Taiwanese who have followed those investments and settled in China. Despite a lack of direct air and sea links between China and Taiwan, and significant restrictions on who can travel to Taiwan from China, the flow of human resources in the other direction is set to increase after a series of incremental liberalizations and policy shifts by the Taiwanese government.

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Top 1000 Taiwanese Corporations in China

An very useful directory of Taiwanese corporations in China has been published by the Taiwan-based China Credit Information Service since 2004 under the title Top 1000 Taiwanese Corporations in China. The 2006 edition was released in July 2007.

The directory, which is essentially a database published in book form, gives basic company details including company names and addresses in English and simplified Chinese as well as basic financial details sash as sales, assets, and capitalization. Unfortunately, there is no discussion of the sources for this financial information, nor is any of this information available on China Credits website. A CD-ROM version of the database comes with the book.

Despite these caveats, this is an essential reference work on Taiwanese investment in China. Taiwanese businesses are estimated to have invested more than US$100 billion in China, yet these major players are little understood by their North American and European counterparts despite their pervasive presence.

According to the publication page, Top 1000 Taiwanese Corporations in China is available for US$50 and inquiries may be to service@ccis.com.tw. This publication is not listed in the books section of China Credit's website. Its ISBN number is 978-957-8398-99-3.

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