Regional Competition Bites Q1 2024
In our first Regional Competition Bites for 2024, we continue to see important regulatory developments unfolding across Southeast Asia. Malaysia is finally set to introduce merger control legislation in parliament this year, while the Philippines has raised mandatory merger notification thresholds. Regulators across the region are increasingly focused on sustainability considerations, with Singapore formally issuing its environmental sustainability collaboration guidelines. They have also been active in collaborating with other regulators and agencies to enhance information exchange and detect violations.

The Rajah & Tann Asia Competition & Antitrust team remains actively engaged in navigating the evolving competition law landscape of the region. Please feel free to reach out to us for further discussions on these developments.  

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.  

Singapore'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.