Legal Updates for May 2017
Public Consultation on 5G Mobile Services
The Singapore Government announced on 23 May 2017 that it has waived the frequency fees for 5G trials until 31 December 2019. On the same day, the Info-Communications Media Development Authority of Singapore (“IMDA”) launched a public consultation on 5G Mobile Services and Networks to seek feedback on the various aspects of 5G technology development and spectrum requirements in a data centric environment. This client update provides a summary of the issues raised in the public consultation.
Technology, Media and Telecommunications Regional Update
As we approach the second-half of 2017, we are very excited to share with you the significant legal developments in the technology, media and telecommunications ("TMT") sector during the last quarter of 2016 and the first quarter of 2017. This update aims to highlight the significant TMT-related legal developments in the ASEAN region, as well as in the key economies across the world.
Service of Arbitration-Related Proceedings on Foreign States
The Singapore Rules of Court provide for the service of process or orders outside of the jurisdiction. In particular, Order 69A sets out specific rules addressing arbitration-related proceedings in court. While the position in relation to commercial arbitrations seems relatively straightforward, Order 69A does not expressly cater for service of arbitration-related court proceedings on foreign States. In particular, how should orders granting leave for enforcement proceedings be served? Is the State Immunity Act requiring service of "any writ or other document" relevant? These were questions considered by the High Court in Josias Van Zyl and others v Kingdom of Lesotho  SGHC 104. Paul Tan and Alessa Pang of Rajah & Tann Singapore LLP are representing the State party before the Singapore courts.
CCS Conducts Market Study on Supply of Formula Milk
On 10 May 2017, the Competition Commission of Singapore ("CCS") published the findings of its market inquiry into the supply of Formula Milk products in Singapore. The CCS market inquiry sought to provide an insight into why significant price increases had occurred in the Formula Milk market through an examination and analysis of the nature of competition at each level of the supply chain, and to provide policy recommendations to counteract the soaring retail prices. This client update provides a summary of and our brief comments on the CCS findings and recommendations.
Draft Measures on Transfer of Personal and Important Data out of China Released
On 11 April 2017, the Cyberspace Administration of China released a highly anticipated draft of the Measures on Security Assessment of the Cross-Border Transfer of Personal Information and Important Data (the "Draft Measures") for public comments, for a period of one month until 11 May 2017. The Draft Measures were released pursuant to the Cybersecurity Law, which takes effect from 1 June 2017. This Client Update discusses the scope and implications of the Draft Measures.
Employer Found Liable for Breach of PDPA Through WhatsApp Chat
The Personal Data Protection Act ("PDPA") introduced a regime which governs the collection, use and disclosure of personal data. Companies have since had to be vigilant as to how personal data is handled in the course of their operations to ensure compliance with the PDPA. In the recent decision of Re Executive Coach International Pte Ltd  SGPDPC 3, the Personal Data Protection Commission had to consider the PDPA requirements in the employer-employee context. Specifically, it dealt with the disclosure of employee information through a work-based WhatsApp chat.
Bank Held Not Liable to Investors in Investment Dispute
In Tradewaves Ltd and others v Standard Chartered Bank and another suit  SGHC 93, the High Court had to consider whether a bank had breached any duty of care to investment account holders in respect of their investments, whether its due diligence processes were adequate, and whether the bank was liable for misrepresentation. The Court found in favour of the bank, and shed light on what measures a bank should take to fulfil its responsibilities to an investor. The bank was successfully represented here by Patrick Ang, Disa Sim, Paul Tan, Ang Siok Hoon, Jeremy Gan, Allen Ng and Derek On of Rajah & Tann Singapore LLP.
Robust Governance in the Battle Against Corruption - Integrating Anti-Bribery and Anti-Corruption Measures
Bribery and corruption risks lurk in every organisation. Such risks intensify as organisations grow, branch across multiple locations, cultures and business practices, undertake more complex and diverse business channels and embrace new technologies. In this Update, we look at the anti-corruption and anti-bribery requirements that organisations are faced with across different jurisdictions, and the integrated measures that should be adopted to ensure compliance.