Data Protection in Taiwan

Transfer in Taiwan

The privacy notice to data subjects must set out the extent to which personal data will be transferred to others.

Cross-border transmissions of personal data are regulated by the PDPA. The Taiwan authorities may restrict the cross-border transmission and use of personal data in the following circumstances:

  • when a substantial interest of Taiwan is at stake;
  • as provided under an international treaty or agreement (as at December 10, 2021, there are no such treaties or agreements in place);
  • when the receiving country lacks proper laws or regulations adequately to protect personal data or where infringement of the rights and interests of the data subject is threatened; or
  • the purpose of the transfer is to evade the application of the PDPA.

The Taiwan National Communications Commission (NCC) issued an order in 2012 prohibiting communications enterprises from transferring subscribers’ personal data to mainland China; the Ministry of Health and Welfare issued an order in 2022 prohibiting social worker offices from transferring data subjects’ personal data to mainland China; and the Ministry of Labor issued an order in 2023 prohibiting private employment services institutions and employment service agencies for people with disabilities from transferring data subjects’ personal data to mainland China, all on the grounds that the personal data protection laws in mainland China are still inadequate. As at December 18, 2023, there are no other restrictions or prohibitions on the cross-border transfers to any other country / area.

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