Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
 Issue 1 - Jan/Feb/Mar 2022
 

Draft Cybersecurity Law

On 13 January 2022, the Ministry of Transport and Communications ("MOTC") circulated the Draft Cybersecurity Law ("Draft CS Law") to a number of Ministries. The Draft CS Law seeks to enhance privacy and data protection as well as introduce measures for cyber security against cyber-attacks and terrorism.


The Draft CS Law has similarities to the previous draft circulated to mobile network operators and licensed telecoms service providers for feedback on 9 February 2021 ("9 February 2021 draft"). However, the key differences between the Draft CS Law and the 9 February 2021 draft include:


  1. Additional clarity regarding the concept of "digital service providers" (with the key implication being that providers of digital platform services, such as Facebook, TikTok, etc., would need to register with the authorities in Myanmar before they can carry out their businesses); and
  2. the requirement to obtain MOTC's prior approval for the use of a virtual private network (VPN).

It is viewed that these provisions are aimed to quash dissent and curb the free flow of information in Myanmar, including freedom of speech. 



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

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Dr Min Thein
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Chester Toh
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Jainil Bhandari
Director
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jainil.bhandari@rajahtann.com

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