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U.S. Data Privacy Law and Legal Trends

Data privacy is becoming more important than ever as new laws are taking effect in the U.S. and across the globe. At the same time, enterprises are expected to meet data protection compliance. Organizations that are non-compliant with laws and regulations surrounding privacy protection are facing tens of millions, even billions of dollars in fines.

As business operations become more data-centric, the need for enhancing data protection and keeping sensitive information secure will continue to increase. To help companies protect against cyber security breaches, AmCham Taipei’s Technology Committee invited Eric Ubias, Managing Partner of Ubias Law PLLC, to discuss developing legal requirements and preventative measures at a seminar held at the Chamber’s Lincoln Room.

Ubias introduced some of the recent U.S. Federal Trade Commission enforcement actions against large corporations, and outlined the most dangerous types of new attacks being experienced. He explained that Taiwanese companies will continue to feel the effects of increased regulatory focus on data privacy. Whether they are directly facing regulated subjects or are indirectly at risk through third-parties in the value chain, enterprises should take reasonable steps to achieve an increased level of protection. He concluded by offering a few suggestions on implementing cyber security best practices, such as ensuring that written policies and disclosures align with actual practices, conducting vendor diligence reviews, conducting training exercises, and developing incident response plans.

The Lincoln Room is made possible by the generosity of a number of sponsoring companies:

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Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation.

Understanding China’s Environmental Policy Within Today’s Context

AmCham Taipei hosted Alex Wang, professor of law at the University of California at Los Angeles, in a seminar-style discussion at the Chamber’s Lincoln Room on July 11. Wang gave an overview of China’s environmental regulations and legal and political institutions, as well as introducing his own predictions for China’s environmental outlook over the next century. Seminar participants were able to ask questions in an intimate setting with one of the world’s most prominent experts in this field.

Attendees included media professionals, academics, students, and industry representatives.

Wang noted that over the past 10 years, China has had an increasingly high concentration of PM2.5 particles compared to other countries. These tiny particles are particularly damaging to human health. He demonstrated an interactive platform that uses satellite imagery to allow the viewer to see global PM2.5 concentrations live here. Participants could note the high concentration of PM2.5 in and around eastern China.

Wang attributed the rapid increase in air pollution in China since the early 2000s to the country’s entrance into the World Trade Organization, which spurred huge growth in industrial production. But although China is a large polluter in nominal terms, in terms of per-capita pollution its CO2 emissions are substantially lower than those of the U.S., he pointed out. Wang also noted that approximately one-third of China’s emissions are caused by production for export to the U.S., European Union, and Japan.

Sharing the effects of decreased air pollution during the 2008 Beijing Olympics, when motor traffic was curtailed and factory operations suspended, he cited one study that found that women who gave birth a month after the Olympics had significantly healthier babies.

The Lincoln Room is made possible by the generosity of a number of sponsoring companies:

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation.

Discovering Opportunities: Understanding Talent Trends

Technology has changed the dynamic for the recruitment process and workplace environment. As technology empowers employees to access and share information, more is expected from employers. Platforms such as LinkedIn, the world’s largest online website for professional and career networking, is leveraging the unique set of profile information on talent and companies to discover insights to better inform hiring decision makers.

At a recent seminar hosted by AmCham Taipei’s Human Resources Committee and entitled, “Connect to Opportunity,” Jeff Wong, Head of Sales in North Asia at LinkedIn, discussed the latest hiring trends to help HR professionals and business leaders understand recruiting strategies and ways to expand their businesses in the coming years.

In his opening, Wong shared LinkedIn’s current status of 610 million members, 30 companies, and 20 million open jobs in its network. He discussed three macrotrends: 1) AI/Automation, 2) skills gap, and 3) independent work. And he posed the question:”Since the relationship between employers and employees is fundamentally changing, how is the government or your company preparing for the future?”

Wong noted a few trends LinkedIn sees emerging in Taiwan and around the globe:

  • ABC Skills are in demand: Many global tech companies have recently invested in Taiwan and are looking for talent with ABC skills. “ABC skills”: Artificial Intelligence, Big Data, and Cloud Computing).
  • Soft skills are the biggest skills gap: Companies increasingly value soft skill sets, as they are important to the success of companies and cannot be replaced by AI and automation. The top in-demand soft skills in Taiwan are: 1) management, 2) project management, and 3) sales.
  • Rise in independent workers: 12% of Taiwan’s workforce are independent workers, including those working remotely or in shifts. Work flexibility is an important factor and people are taking this into consideration when looking for jobs.
  • Increasing competition: Taiwan is losing more talent than it is gaining, at a ratio of 1:2. The main five countries Taiwan is losing talent to are the U.S., China, Japan, Canada, and Germany. The top five countries Taiwan is gaining talent from are India, Hong Kong, South Africa, Brazil, and United Arab Emirates.

Besides the government’s efforts to attract foreign talent from abroad, Taiwan also needs to consider how to retain its local talent – especially those with R&D and engineering skills. Wong encourages companies in Taiwan to invest in talent development through continuous learning and to make learning accessible for employees.

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation.

Insights from Germany: Fighting Misinformation

In the digital age, false and misleading information can spread to millions instantly and manipulate public opinion. The issue of misinformation or fake news has preoccupied policymakers around the world, especially when it comes to elections.

To help enhance understanding of the issue, AmCham Taipei invited experts to explain different approaches to combating misinformation at a forum entitled, “Tackling Misinformation – Lessons Learned from Germany and Path Forward for Taiwan.” Dr. Ting-Chi Liu, Associate Professor of Law at National Chengchi University, and Dr. Wolfgang Schulz, Director of the Hans-Bredow-Institut for Media Research and Professor of Law at the Universität Hamburg, discussed the legal approaches in Taiwan and Germany to dealing with misinformation and shared their insights on this important matter. Special guests that attended the event were legislators Karen Yu and Lee-Li Feng.

Opening the session at the Chamber’s Lincoln Room on February 21, Liu explained the status of freedom of expression in Taiwan and platform liability under proposed draft legislation. He noted the three elements of punishable misinformation according to the Executive Yuan: 1) malice; 2) falsity; and 3) harm.

Schulz gave examples of incidents that led to the German NetzDG (Network Enforcement Act). He explained the regulatory concept behind the law and its importance, as many big players in the tech industry with operations in Germany have recently been affected by NetzDG.

As Taiwan will likely continue to refer to NetzDG in the near future, Schulz highlighted some of the criticisms of the law made by academics and industry experts:

  • Difficulty defining the scope of “Big Social Media Networks”
  • Creation of incentives for overblocking, as take-down is the easiest option for platform providers
  • Lack of technical means for taking the proper context into account
  • Impact on free speech as companies will try to avoid fines

What will be the best approach for the handling of misinformation in Taiwan? Perhaps a 360-degree approach for a more open communication among the authorities, private sector, and the public could strike a good balance between self-regulation and regulation. The event ended with a panel discussion moderated by Jo-Fan Yu, Partner at Baker & McKenzie. Joining the discussion were Dr. Ting-Chi Liu, Dr. Wolfgang Schulz, and legislators Karen Yu and Lee Li-Feng.

 

 

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation.

AmCham Leadership Quarterly Meeting

Members of the leadership of AmCham Taipei and the American Institute in Taiwan held their first quarterly meeting of the year on Feb. 14 at the Chamber’s Lincoln Room. AmCham leaders briefed AIT Director Brent Christensen and his colleagues on the results of the Chamber’s Business Climate Survey, including factors causing concern for global companies operating in Taiwan. The two sides also exchanged views on bilateral economic ties and discussed opportunities to work closely together in the coming year in observance of the 40th anniversary of the Taiwan Relations Act that established AIT.

Attending the meeting from AIT Taipei were Director Christensen, Economic Section Chief Jeff Horwitz, Commercial Section Chief Helen Peterson, Agricultural Section Chief Mark Petry, and Economic Officer Phill Loosli. Representing AmCham were President William Foreman, Chairman Leo Seewald, Standing Vice Chairman Chyi-Woei Chin, Vice Chairwoman Petra Jumpers, AmCham Governor Jan-Hendrik Meidinger, AmCham Supervisor Dylan Tyson, Senior Director and Taiwan Business TOPICS Editor-in-chief Don Shapiro, and Senior Director for Government & Public Affairs Amy Chang.

Amendments to the Company Act

Recognizing the need to enhance Taiwan’s business environment to stay competitive in the global market, the Tsai administration has enacted a series of ambitious policy changes and legal amendments aimed at stimulating innovation and growth. Most fundamental to these goals are the sweeping changes made to the Company Act, Taiwan’s basic law governing business operations, that were passed by the Legislative Yuan in a late session on July 5 and promulgated into law on August 1.

To help AmCham members and guests better understand the scale and implications of these amendments, AmCham Taipei’s Tax Committee invited Chen Yen-po, Executive Specialist with the Department of Commerce under the Ministry of Economic Affairs (MOEA), to host an explanatory seminar in the Chamber’s Lincoln Room on September 13. Chen and the MOEA worked closely not only with the Legislative Yuan but also the private sector, including business professionals, legal experts, and academics, on enacting the amendments. Chen noted that 148 articles to the Company Act were amended, with at least four articles deleted and replaced.

From left to right: Chen Yen-po, Executive Specialist with the Department of Commerce under the Ministry of Economic Affairs (MOEA) and AmCham Taipei’s Insurance Committee Co-Chair Dylan Tyson, President & CEO, Prudential Life Insurance Company of Taiwan Inc.

Key amendments are intended to:

  • Enhance business transparency by clarifying reporting obligations and abolishing anonymous “bearer shares.”
  • Improve the environment for startups by permitting the issuance of non-par-value shares, as well as permitting multiple distribution of cash dividends throughout the year.
  • Enable greater flexibility in business operations by furthering the gradual digitalization of documentation, increasing the range of rewards possible for talent, and reducing restrictions on directorships.
  • Strengthen shareholder protections by amending rules on shareholder meetings and the nomination of directors.
  • Improve corporate governance through enhancing disclosure requirements and access to shareholder rosters.
  • Allow the registration of company names in English so as to help foster international business operations and branding.

Chen added that the MOEA is currently in the process of developing the regulatory framework that will see these amendments enter into force. His presentation was followed by a lively Q&A session.

The Lincoln Room is made possible by the generosity of a number of sponsoring companies:

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation. 

Developing Habits to Improve Leadership Presence

Presence has become a critical factor for today’s professionals. How you present yourself to others and having the ability to make lasting impressions is crucial to your success.

With the aim to provide development tools for business leaders, AmCham Taipei invited Rober Iyer, Executive and Training Coach of Inspiyer, to conduct a half-day seminar on “Executive Presence: 5 Steps to Creating Leadership Presence” at the Chamber’s Lincoln Room.

Iyer explained that leadership presence is a blend of how you present yourself, make people feel, and effectively communicate to others. He highlighted qualities leaders should have to develop presence:

  • Communication: clearly using verbal and non-verbal communication
  • Character/Substance: showing warmth, knowledge, wisdom
  • Authenticity: staying true to yourself and others, creating trust
  • Attentiveness: staying attuned to the current moment during communication
  • Confidence: knowing yourself; staying cool under pressure
  • Connectedness: having the ability to feel bonded to others

Using the example of the first televised Presidential debate between Richard Nixon and John F. Kennedy, Iyer demonstrated the impact first impressions can make on election outcomes. As the story goes, those who listened to the debate on the radio thought Nixon won, while those who watched the debate on television believed Kennedy won. Attendees were asked to observe the two candidates’ body language and behavior to learn the importance of non-verbal communication.

In the second half of the seminar, Iyer discussed the power of non-verbal communications and shared a few tips on using body language to improve presence.

The Lincoln Room is made possible by the generosity of a number of sponsoring companies:

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation. 

Coaching Your Team to Improve Performance and Succeed

While all leaders should have the skills to manage, train, and teach, effective leaders also possess the ability to motivate and inspire teams to perform at higher levels.

On August 22, William Zyzo, Managing Director of Z&A Knowledge Solutions and Advisor to AmCham Taipei’s Advanced Learning Lab, conducted a half-day workshop at the Chamber’s Lincoln Room. Zyzo provided a blueprint for team-coaching skills that drive team-level engagement, collaboration, and performance.

Opening the session, Zyzo asked the audience to consider the differences among managing, training, and teaching. He explained team-coaching as a continuous process that could involve managing, training, and teaching at any given time. Throughout the workshop, the audience participated in real-time polls and was divided into groups to discuss case study questions.

The workshop provided a framework of useful tools for the coaching process that leaders can apply to the workplace in order to strengthen overall organizational performance.

The Lincoln Room is made possible by the generosity of a number of sponsoring companies:

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation. 

Brand Building in the Digital Era

Today’s increasingly digital world demands new ways to build and manage brands. To ensure brand relevance, brand building calls for a new approach to connect and deliver brand behavior and experiences.

On July 27, Simon Koh, founder of Big Data Play Brand, to make a Chinese-language presentation entitled “大數據狂潮下的品牌策略” (Brand Strategies Under the Big Data Frenzy) at the AmCham Taipei’s Lincoln Room. He provided an overview of brand management fundamentals to give attendees a full understanding of how to build a compelling brand and how branding has changed in recent years.

Koh described four types of brands 1) Asset-Driven, 2) Service-Driven, 3) Technology-Driven, and 4) Network-Driven to showcase examples of different business models. A network-driven brand involves brand building through different platforms and ecosystems. In a disruptive era, consumers are exposed to more than 3,500 brands on a daily basis, compared to 2,000 brands just a decade ago. He noted that customers may experience a certain brand through multiple channels and touchpoints, sometimes even in a non-physical world, where machines and algorithms are responsible for deciding the role of the brand.

Koh stressed that in order to transform a brand and build relevance, an organization must understand its market, leverage new tools, generate insights, and measure its success.

From left to right: AmCham Taipei President William Foreman and speaker Simon Koh, founder of Big Data Play Brand.

The Lincoln Room is made possible by the generosity of a number of sponsoring companies:

Interested in attending our events? Join us at other upcoming events, click here.

Note: AmCham events are intended primarily for AmCham members and their guests. Many events are open to members’ guests and other non-members, but the attendance of any non-member must be approved in advance. AmCham reserves the right not to admit a non-member to any event without explanation. 

North Korea’s Market May Open Up, Expert Says  

Taiwanese businesses are among many that are making preparations to enter North Korea if a nuclear deal is successful and the nation opens up its market, an expert on North Korea said at an AmCham Taipei briefing held at the Chamber’s Lincoln Room on July 23.

Before the United States and others imposed strict sanctions on North Korea in recent years, Taiwanese companies were doing business with the country. They were mostly exporting chemicals, textiles, and machinery, while importing minerals, metals, and other raw materials. “Taiwan has good healthy [business] relations with the North,” said Seong-hyon Lee, Director of Unification Strategy Studies at the Sejong Institute, a think tank outside of Seoul. “They want to be ready for when the North Korean market opens up. When it does, they’ll rush in.”

Some critics of the recent U.S.-North Korea talks believe that the negotiations will fall apart eventually like they have many times before. But Lee is optimistic about North Korean leader Kim Jong-un’s latest peace offensive, saying Pyongyang will opt for denuclearization if it is more lucrative than going nuclear.

“Kim is 34. He’ll be around for the next 50 years or more. However, he doesn’t want to rule an impoverished nuclear country for the next 50 years,” Lee said.

From left to right: Seong-hyon Lee, Director of Unification Strategy Studies at the Sejong Institute and AmCham Taipei President William Foreman

At last month’s summit meeting between President Donald Trump and Kim in Singapore, the U.S. leader tempted Kim with images of what North Korea’s economic development could look like if it gave up its nuclear weapons. “They have great beaches,” Trump said to reporters shortly after the summit. “You see that whenever they’re exploding their cannons into the ocean. I said, ‘Boy, look at that view. Wouldn’t that make a great condo?’”

It may be highly unlikely that North Korea will open to such an extent in the near future. In addition, anyone dealing with North Korea at this point risks violating international sanctions and facing ethical questions about doing business with a dictatorship that ignores human rights.

Although Taiwan is not a member of the United Nations, President Tsai Ing-wen’s government has complied with the punitive U.N. measures against Pyongyang – a move that has drawn praise from the United States, Taiwan’s most valued friend.

Before the sanctions were tightened, Taiwan imported US$12.2 million in goods from North Korea in 2016, making Taiwan the country’s fourth largest trading partner.

Taiwan will continue to obey the sanctions, said Fang Wu-wan, a spokesperson for Taiwan’s Bureau of Foreign Trade. “We currently stand by this commitment,” she said. “How we proceed in the future depends on the international climate.”

Despite the current restrictions, some of the most prominent multinational companies are waiting for an opportunity to enter East Asia’s last undeveloped market. “It’s a world of business,” Lee said. “Even if North Korea is a bad guy, they’re looking for an opportunity if they can make money.”

The Lincoln Room is made possible by the generosity of a number of sponsoring companies: