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Asia/Hong_Kong

APAC: Digital Personal Data Protection Bill of 2022 Will it Ensure a Digital Economy that is Equitable and Unrestricted?

The Indian government recently introduced the Digital Personal Data Protection Bill of 2022, which seeks to establish a comprehensive framework for data privacy in the country. The proposed legislation is a replacement for the Information Technology Act and associated rules, and it includes new requirements for data collectors and processors to protect the privacy and security of personal data. The Bill also aims to grant individuals greater control over their personal data and establishes penalties for non-compliance.

This Legal Update provides:

  • An overview of the proposed Bill and its implications for companies and individuals doing business in India.
  • Key aspects of the Bill, including the obligations and responsibilities for data fiduciaries and processors, data principals' rights, and the regulatory framework for cross-border data transfer.
  • Insights on how the Bill compares with other data protection laws globally and assess its potential impact on India's digital economy.
  • A platform for industry experts, policymakers, and legal professionals to share their perspectives on the proposed Bill and to discuss ways to promote a robust data protection regime in India.

 

Employee fraud can be complex to uncover with the increasing use of personal electronic devices, encrypted and ephemeral chat applications and cryptocurrency. Remote working also presents challenges to monitoring fraud risks and conducting investigations, particularly when cross-border data transfers are involved.

This seminar will explore how to mitigate employee fraud risks and handle modern fraud investigation challenges:

• Do’s and don’ts – framework for protection and mitigating employee fraud risk

• Remote work fraud risks – for remote work or relocated employees

• New cryptocurrency challenges – Where do cryptocurrency and digital asset risks arise and how do we mitigate them?

• Planning and scoping the investigation – who needs to know and when

• Practical considerations – strategies for conducting interviews, finding evidence and collecting data on personal devices

• Cross-border data transfers – new China data protection laws and their impact on employment investigations


SPEAKERS

Davin Teo, Managing Director, Alvarez & Marsal

Davin Teo is a Managing Director with Alvarez & Marsal’s Disputes & Investigations practice in Hong Kong and leads the Forensic Technology team across Asia. He brings more than 20 years of forensic technology, electronic discovery and IT audit experience to numerous national and international corporations, government bodies and regulators. Mr. Teo specialises in digital investigations and electronic discovery matters. His primary areas of expertise are fraud investigations, electronic discovery, misconduct investigations, intellectual property theft investigations, dispute matters and data recovery requests.

Henry Chambers, Managing Director, Alvarez & Marsal

Henry Chambers is a Managing Director with Alvarez & Marsal’s Disputes and Investigations practice in Hong Kong. He brings more than twelve years of experience in forensic accounting and investigation assignments focusing on bribery and corruption matters (FCPA/UKBA), cryptocurrency, accounting fraud, asset tracing, regulatory and other investigations as well as supporting general commercial litigation.

EVENT DETAILS:

Date:

Tuesday, 28 March 2023

Time:

12:30 pm to 1:00 pm - Light Lunch

1:00 pm to 2:00 pm - Presentation and Networking 

Location:

China Club, 13/F, The Old Bank of China Building, Central

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong. 

Using real-life arbitration clauses and examples, our experienced panelists will explain the life cycle of this topic, starting from factors to be considered when negotiating arbitration clauses, through to the consequences and impact that the wording of arbitration clauses can have in practice.

SPEAKERS

Dr. Mariel Dimsey, Secretary - General, HKIAC

Mariel is Secretary-General of Hong Kong International Arbitration Centre. She is an international commercial and investment arbitration specialist.

Prior to joining the HKIAC, Mariel was a Partner at CMS and Co-Head of the global CMS International Arbitration Group. She has over 15 years' experience acting as adviser and advocate in numerous international arbitrations. She has extensive experience in both common law and civil law disputes, including disputes involving Chinese parties, and has full professional fluency in German. She also sits regularly as arbitrator and has experience as arbitrator under the HKIAC, ICC, KCAB, and DIS Rules, and in ad hoc disputes. She is on the arbitrator panels of several institutions.

She is a past co-chair of the HK45 Committee, and a member of the WILHK Advisory Board. She is consistently ranked in both the regional and global editions of the leading legal directories.

Yvonne Shek, Litigation Consultant, Clifford Chance

Yvonne is a Consultant in Clifford Chance's Litigation and Dispute Resolution Group in Hong Kong.

She specialises in international commercial arbitration and commercial litigation, acting as counsel and as arbitrator. Yvonne regularly represents leading financial institutions, private equity firms and global corporate clients in multi-jurisdictional matters including investment and joint venture disputes, shareholder disputes, financial fraud claims, and advising on jurisdictional and immunity issues. Having practiced in the greater China and Asia Pacific region for more than 10 years, Yvonne has handled numerous arbitrations including under the HKIAC, ICC, CIETAC and UNCITRAL rules.

EVENT DETAILS:

Date:

Wednesday, 15 March 2023

Time:

12:30 pm to 1:00 pm - Light Lunch

1:00 pm to 2:00 pm - Presentation and Networking 

Location:

Hong Kong International Arbitration Centre, 38/F Two Exchange Square, 8 Connaught Place, Central

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

 

 

ACC Hong Kong Meet the Board and Champagne Tasting Event

The ACC Hong Kong Membership Engagement Committee is pleased to invite members to its first event for 2023!

Please join us for a Champagne and Sparkling Wine Tasting Night sponsored by East Meets West Fine Wines and White Cube Gallery

Thursday, 9 March 2023
6:30pm- 9:00pm
White Cube Gallery
50 Connaught Road, Central

Come and meet the ACC Hong Kong Board Members and share your thoughts on what you’d like to see ACC focus on or learn how to join a Board Committee and contribute to the in-house legal profession in Hong Kong, while sipping some bubbly.

Members will have a chance to learn about and sample a range of different champagnes and may get an opportunity to buy them at discounted prices.

This event may fill up quickly, so please RSVP as soon as possible and before 1st March.

 


On 1 January 2023, the Inland Revenue (Amendment) (Taxation on Specified Foreign-sourced Income) Ordinance 2022 (the Amendment Ordinance) came into operation. 

Under the new Foreign-sourced Income Exemption (FSIE) regime, certain foreign-sourced income arising in or derived from Hong Kong may be chargeable to profits tax when it is received in Hong Kong. Tax exemptions currently granted to specified types of foreign-sourced passive income received in Hong Kong by multinational enterprises may no longer be available unless certain conditions such as the economic substance requirements and nexus approach are met.  Specified foreign-sourced passive income being affected includes interest, dividend, disposal gain on equity interests and income from intellectual properties. The Amendment Ordinance also amended the IRO to provide for relief against double taxation in respect of certain foreign-sourced income and transitional matters, according to the latest updates from Inland Revenue Department (IRD). 

To facilitate implementation of the new regime, the IRD has issued administrative guidelines and provided instructions for applying for advance ruling for entities that wish to have more certainty on tax treatments and ensure compliance with the economic substance requirements.

We are pleased to have invited Mr. Kwan Yu, Tax Partner and Mr. Yiu-Hong Chung, Tax Director at Deloitte China to provide an update of the legislative provisions as given in the Ordinance. The speakers will also share insights on its impact on businesses as well as possible actions that can be considered by affected entities facing the refined FSIE regime.

SPEAKERS

Kwan Yu, Tax Partner, Deloitte China

Kwan Yu is a Tax Partner with Deloitte China’s International & M&A Tax Services based in Hong Kong and has over 20 years of international tax experience in the U.S. and Hong Kong. He is also a member of the Asia Pacific International Core of Excellence (AP ICE) which is a core group of senior tax professionals that provides international tax services to Asia Pacific based companies investing abroad as well as multinational companies investing in the region. Kwan is a member of the AICPA and a CPA licensed in the State of Virginia.

 


Yiu-Hong Chung, Tax Director, Deloitte China

Yiu-Hong Chung is a Tax Director with Deloitte China’s International & M&A Tax Services based in Hong Kong and he provides tax advice to multinational corporate clients who wish to invest in China and Hong Kong, including structuring and acquisition issues, supply chain planning, cross-border transfer pricing strategies, corporate reorganizations, and tax/regulatory compliance matters.

Yiu-Hong holds a B.A. from the Chinese University of Hong Kong. He is a member of The Hong Kong Institute of Certified Public Accountants (HKICPA).

 

Peter Chen, Partner, Yang Chan & Jamison LLP, an independent Hong Kong Law Firm associated with Deloitte Legal

Peter Guang Chen is both a certified public accountant and an attorney with more than 20 years of experience, and who is practicing in Hong Kong. Peter has advised multinational companies on their investment structuring, regulatory, and business issues; mergers, acquisitions, reorganizations in the U.S., China and the Asia Pacific region. He has represented both companies and individuals to resolve tax disputes with tax authorities in the U.S. and China. Peter has also advised US, China and Hong Kong high net worth individuals on the structuring of trusts, foundations in the income tax and estate planning context, as well as advising them on China and international tax issues. Previously, Peter was with a major economic consulting firm and also was a tax partner at Deloitte, where he was responsible for the China Desk in NYC. He is a frequent speaker and writer on international tax issues.

Peter is admitted to practice as attorney in United States (New York & New Jersey), United States Tax Court, Federal District Court (SDNY, EDNY, NJ). He is also licensed as CPA in New York and New Jersey. Peter is also admitted to practice law in Hong Kong as a solicitor.

EVENT DETAILS:

Date:

Thursday, 16 February 2023

Time:

12:30 pm to 1:00 pm - Light Lunch

1:00 pm to 2:00 pm - Presentation and Networking 

Location:

Deloitte's office

35/F, One Pacific Place, Admiralty, Hong Kong

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

In this webinar partner Felda Yeung from Gall will provide employment law updates on:

- MPF setting off regime,

- Tax updates,

-  Sickness allowance and employment protection in epidemic measures

-  Increased statutory holidays

-  Remote working/requests to work from overseas

A range of topical issues will be covered and practical guidance will be provided to in-house counsel. There will also be a Q&A session at the end of the webinar.


SPEAKER

Felda Yeung, Partner, Gall Solicitors 

Felda joined the firm as a trainee solicitor in 2011 and was promoted to be the firm’s first home-grown Partner in August 2022.

Felda has experience in commercial and civil litigation, with a focus on arbitration, contractual disputes and fraud investigations. Recent arbitration related work includes enforcing foreign arbitration awards in Hong Kong and defending applications to set aside arbitration awards. 

Felda also co-leads our Employment practice where she acts for both employers and employees on contentious employment law matters.

Event details

Date: Wednesday, 22nd February, 2023

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

Added to existing IP- and shipment seizure-based anti-illicit trade strategies, new international asset-focused strategies are increasingly effective at meaningfully reducing traffickers’ market share. We’ve taken international civil law concepts honed by our experience collecting on massive international arbitration judgments for conglomerates and combined them with an approach used by U.S. Department of Justice international money laundering prosecutors and developed a jurisdiction- and industry-neutral process to design and execute ROI-efficient strategies aimed at weaponizing traffickers’ international asset-protection structures against the traffickers and their enablers. By attacking the assets internationally, we increase the traffickers’ cost-of-production, and the risk of facing serious money laundering charges and international asset confiscation becomes prohibitive. It would be helpful for in-house counsels to attend this session so that they can hear from lawyers with specialties not commonly needed/found in-house, and think of how surgically deploying these cutting-edge asset-focused strategies against top targets could turn internal cost centers into profit-makers through market-share restoration.

SPEAKERS

Jason Masimore

Partner at Kobre & Kim

Jason Masimore is an experienced trial lawyer and investigator who represents institutions and individuals on cross-border matters often involving fraud and international money laundering. He regularly designs and leads law enforcement-style offensive investigations to identify illicit transactions, assets hidden in various jurisdictions, and the vulnerabilities of participants and their advisers, and he designs and executes asset-focused strategies to deter such conduct and recover market share and money for his clients.  Before joining Kobre & Kim, Mr. Masimore was a prosecutor at the U.S. Department of Justice, where he focused on international money laundering, public corruption and fraud, among others.

John Han

Partner at Kobre & Kim

John Han is an accomplished strategist who helps clients achieve business objectives in matters involving Greater China, offshore and other jurisdictions throughout the world often involving asset tracing and illicit trade. He has acted as lead counsel in global matters involving monetization and demonetization of high yield bonds, judgments, and arbitral awards in the US$ nine to ten figures. As a thought leader, he has been cited on topics involving cross-border claim monetization and dilution by publications including The Wall Street Journal, The New York Times, The Financial Times, Reuters, and Bloomberg. Mr. Han is admitted as a Solicitor Advocate in Hong Kong, the Dubai International Finance Centre Courts, the Astana International Financial Centre Court, and New York. Before joining Kobre & Kim, Mr. Han practiced at Covington & Burling LLP.

Michael Ng

Partner at Kobre & Kim

Michael Ng serves as lead trial counsel in high-stakes intellectual property cases, focusing on patent and trade secret disputes. He has helped multiple clients win nine-figure recoveries in litigation. His matters cover a wide range of technology areas, from wireless communications, semiconductor manufacturing, and networking infrastructure to genetics and other biotechnology fields. He is regularly asked to lead bet-the-company cases, including intellectual property disputes in courts across multiple international venues. He often works with the firm's team of former U.S. Department of Justice prosecutors to investigate trade secret theft and other claims involving potential criminal liability.

Date: Wednesday, 2nd November, 2022

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

 

 

Recent guidance, regulations, and enforcement actions are having a significant impact on how companies in the finance sector in Hong Kong can monitor employee productivity. Further complicated by the need to ensure communications meet regulatory obligations, complex legal issues in the employment, privacy, and regulatory space have been brought into question. Considering these issues, join our distinguished panel of leading professionals as they share their thoughts on the matter and experience navigating these challenges.

As spaces are limited and refreshments will be provided, kindly RSVP by 10 February 2023. Please advise us if you have any dietary restrictions that you would like us to take note of when sending in your RSVP.

 

SPEAKERS:

Fatim Jumabhoy, Partner and Asia Head of Employment, Pensions & Incentives Team, HSF

Fatim is Partner and the Asia Head of the Herbert Smith Freehills employment, Pensions & Incentives team, and helps clients achieve practical and commercial solutions to labour and employment issues across Asia. Her focus is on cross border and multi jurisdiction matters, working with clients to create regionally consistent yet locally compliant approaches to difficult and complex employment issues.

 

Hannah Cassidy, Partner and Asia Head of Financial Services Regulatory Team, HSF

Hannah is a Partner and the Asia Head of the Herbert Smith Freehills Financial Services Regulatory team, and she has particular expertise in advising clients on the conduct of high profile board-led, independent investigations, particularly in relation to culture and conduct. She has a wide experience of helping financial institutions, listed companies and their senior individuals on a number of high stakes cases. 

 

Carli Yung, Asia Head of Corporate Legal, Nomura

Carli is the Head of Corporate Legal, Asia at Nomura and she leads a team of lawyers responsible for advising the business in Asia about legal and reputational risk across wealth management, litigation, investigations, employment, privacy, IT, procurement, real estate, corporate secretarial and general corporate/commercial matters.

 

Ann Leung, APAC Head of Corporate & Commercial Legal, BGC Partners

Ann is the Head of Corporate & Commercial Legal, APAC at BGC Partners and she is an experienced lawyer with corporate, commercial, disputes and investigations expertise, with a particular focus on regulated industries including insurance and financial services.

 

 

EVENT DETAILS:

Date:

Tuesday, 21 February, 2023

Time:

06:30 pm to 09:00 pm - Panel Discussion Seminar & Networking 

Location:

Herbert Smith Freehills, 23/F Gloucester Tower, 15 Queen's Road Central, Hong Kong

CPD Points:

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

 

 

 

In 2022, China’s CAC published substantial guidance clarifying how companies may undertake cross-border data transfers out of the PRC, allowing companies to build their data protection compliance programmes. Such guidance includes draft standard contractual clauses and measures on obtaining a personal information certification and undertaking a security assessment. While further rules and guidance will likely continue to be published by the CAC to provide more practical implementation guidance, lawyers from Latham & Watkins will discuss with attendees the most updated guidelines (including the technical specifications on the certification mechanism) and what the practical steps these translate to help enable businesses to continue refining their data protection compliance program to account for the PRC PIPL and related data laws and how to transfer personal information outside of the PRC.

SPEAKERS:

Kieran Donovan, Partner

Kieran Donovan is a partner in the Data & Technology Transactions Practice in the firm’s Hong Kong office.

Kieran’s experience includes advising clients on complex cross-border commercial, outsourcing, technology, media, and privacy matters. Kieran has a wide range of expertise advising clients from various sectors, but his principal focus has been on the financial services, logistics, internet, technology, and entertainment industries.

Alongside a broad specialism in technology and commercial matters, Kieran advises clients on fintech projects, with expertise advising on joint ventures, collaboration arrangements, and privacy compliance, in connection with the development of disruptive technologies in the financial services and payments space.

Bianca Lee, Associate

Bianca Lee is an associate in the Data & Technology Transactions Practice in the firm’s Hong Kong office.

Bianca focuses on a variety of corporate matters, including data privacy, technology, telecommunications, and regulatory matters. Her experience includes advising clients on cross-border data privacy compliance, with a focus on the General Data Protection Regulation (GDPR) and data protection laws in the APAC region, including the Hong Kong PDPO.

Alongside data privacy, Bianca also has experience advising clients on regulatory compliance issues relating to telecommunications, information technology, telemedicine, and payments. She also advises on commercial law and on M&A transactions.

EVENT DETAILS:

Date:

Wednesday, 08 February, 2023

Time:

12:30 pm to 1:00 pm - Registration & Light Lunch

1:00 pm to 2:00 pm - Presentation 

Location:

Latham & Watkins LLP

18/F, One Exchange Square

Central, Hong Kong

CPD Points:

CPD points have been applied. 

This CPD seminar will focus on the common legal concerns that startups and SMEs face when fundraising: the stages of funding, options available for startup funding, how the fundraising activities are regulated in Hong Kong, required legal agreements, and more.

Join us to learn the hacks and tricks that’ll help you find the right investors and venture capital for your business, design and implement a successful financing plan and avoid common legal pitfalls.

The seminar is aimed at founders, entrepreneurs and anyone who is considering or preparing a financing round.

SPEAKER:

Cermain Cheung

Consultant, Oldham, Li & Nie

Cermain is a corporate lawyer specializing in startups, venture capital and cross-border transactions. She has been practicing corporate and commercial law in Hong Kong since 2009.

Cermain’s practice focuses on fund raising, M&A, venture capital and private equity investment, joint ventures, cross-border investments and general corporate counselling. Her clients operate in E-Commerce, Software Development, F&B, Retail, Entertainment, Real Estate, Logistics, Franchised Business, and Trading. With her work motto "Growing with clients, becoming friends" Cermain strives to be part of the long-term success of each of them!

Cermain is also a wonderful wife of an entrepreneur who makes her understand the real pain and gain of running a business.

EVENT DETAILS:

Date:

Thursday, 12 January, 2023

Time:

12:30 pm to 1:00 pm - Registration & Light Refreshments

1:00 pm to 2:00 pm - Presentation by Cermain Cheung

Location:

Eaton Club Wan Chai

3/F, Great Eagle Centre, 23 Harbour Rd, Wan Chai.

CPD Points:

CPD points have been applied. 

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