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BITS & BYTES

BITS & BYTES is a monthly bulletin presented by TRAIL and its partners - Allen & Gledhill, Drew & Napier, Rajah & Tann, and WongPartnership – that showcases thought leadership in law and technology. It will cover how technology is used in or impacts different areas of law such as commercial law, intellectual property, banking and finance, tort law, privacy and data protection, and cybersecurity. The bulletin will feature commentaries on a particular area of law, technological development or legal policy, case notes and practice notes.

Articles From This Month's Issue

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CYBERSECURITY AND DATA PROTECTION

Syncing the Technical and the Legal: Cybersecurity Standards and the PDPA

By Lam Chung Nian, Nick Chiam and Huey Lee (WongPartnership LLP)

The dynamic legal and technological landscape today requires information security and legal personnel to work together to create and implement integrated data management programmes that comprehensively address compliance with both technical requirements and legal obligations. This article assesses obligations under the Personal Data Protection Act 2012, and contends developments in other jurisdictions may also be relevant in assessing compliance with data protection requirements.

CYBERSECURITY AND DATA PROTECTION

A Regulatory Approach to Tackling Digital Scams – Singapore’s Framework of Duties and Liability

By Rajesh Sreenivasan, Steve Tan, Benjamin Cheong, Lionel Tan, Tanya Tang and Justin Lee (Rajah & Tann Singapore LLP)

This article examines the recent regulatory instruments and structures put in place to manage digitally-enabled scams - The Online Criminal Harms Act 2023, SMS Sender ID Regime, and the proposed Shared Responsibility Framework and enhancements to the E-Payments User Protection Guidelines. 

CRYPTOCURRENCY & NFTs

Singapore Courts’ Crypto-Friendly Approach Shown in New Ruling That Cryptocurrency can be Property

By Adrian Ang, Alexander Yap and Alexander Lawrence Yeo (Allen & Gledhill LLP)

This article provides a short analysis of the recent case of ByBit Fintech Ltd v Ho Kai Xin & Ors [2023] SGHC 199 where the General Division of the Singapore High Court considered whether the cryptocurrency stablecoin known as “Tether” constitutes property that is capable of being held on trust. The article also provides a brief overview of the broader “crypto-friendly” trend in Singapore court decisions.