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Philippines: National Privacy Commission announces schedule of fees

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The National Privacy Commission recently released Circular No. 2023-01, which outlines the new fee schedule for various services.

In brief

The National Privacy Commission (NPC) issued Circular No. 2023-01, entitled “Schedule of Fees and Charges of the National Privacy Commission” (“Circular“), which sets out their fee schedule for various services, including fees for the registration of Data Protection Officers (DPO) and Data Processing Systems (DPS) with the NPC.

The Circular takes effect on 8 June 2023. Services rendered or filings done prior to 8 June will not be charged with these fees.

In more detail

The following are the applicable fees for the various services covered by the Circular, such as the filing of complaints, the conduct of mediation, DPO and DPS registrations, and the issuance of advisory opinions:

All fees shall be collected in advance of any service to be rendered or materials to be furnished. This means that upon the filing of a complaint or other application that initiates a service to be rendered or materials to be furnished, the fees prescribed in the Schedule shall be paid in full. The NPC shall not act on any pending transaction or request unless the prescribed fee is paid in full on or before the due date.

The Circular provides that payments can be made through cash, check, or online payment. For the first two options, payment must be made during business hours to the NPC Cashier. As for online payments, if applicable, they shall be coursed through an official payment partner of the NPC. To date, however, the NPC has not provided any further information regarding the online payment option.

Recommended actions

Clients are advised to take note of the applicable fees for transactions with the NPC, such as, but not limited to, the fees for registration of their DPOs and data processing systems with the NPC. This is to avoid delays and ensure that transactions will be acted upon promptly.

Quisumbing Torres shall monitor further updates from the NPC on how the Circular will be implemented, especially as to the payment options that will be made available to the public.

1 Approximate values only, using an exchange rate of USD 1.00 = PHP 55.00.

2 The amount of the bond is computed using the following formula:

•    If the CDO is included in the complaint, the bond shall be computed using the following formula: (total amount of filing fees) x (number of affected data subjects).

•    If the CDO is filed separately, the bond shall be computed using the following formula: (total amount of filing fees) x (number of affected data subjects based on the application filed).

3 The amount of the bond shall be computed using the following formula: (total amount of filing fees) x (number of affected data subjects based on the complaint filed).

4 The mediation fee shall be shared equally among the parties applying for mediation (both complainant/s and respondent/s). The mediation fee shall cover the entire mediation process regardless of the number of scheduled mediation conferences. In case the parties re-apply for mediation after a previously terminated mediation, the parties shall again pay the mediation fee.

5 The following changes are considered major amendments: (a) change of name of personal information controller (PIC) or personal information processor (PIP); and (b) change of principal office of PIC/PIP/individual professional.

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*Authored by Quisumbing Torres, a member firm of Baker & McKenzie International, a Swiss Verein. Please contact [email protected] for inquiries.

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Author

Bienvenido Marquez III is a partner and head of Quisumbing Torres' Intellectual Property, Data and Technology Practice Group. He also co-heads the Consumer Goods & Retail Industry Group and is a member of the Technology, Media & Telecommunications Group. He participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. He is a member of Baker McKenzie's Asia Pacific Intellectual Property Steering Committee and the Asia Pacific Intellectual Property Business Unit for Brand Enforcement. He is immediate Past President of the Philippine Chapter of the Licensing Executives Society International (2019-2021), and is currently co-chair of the LESI Asia Pacific. He is also a member of the Anti-Counterfeiting Committee of the International Trademarks Association (INTA). Bien has vast experience in handling IP enforcement litigation, trademark and patent prosecution and maintenance, copyright, data privacy, information security, IT, telecommunications, e-commerce, electronic transactions, cyber security and cybercrime. He has been consistently ranked as a leading individual for Intellectual Property and TMT in Legal 500 Asia Pacific, Chambers Asia Pacific, asialaw Leading Lawyers, Managing IP Stars, Asia IP, and World Trademark Review. He was also recognized as a Volunteer Service Awardee by INTA in 2018.

Author

Divina Ilas-Panganiban is a partner in Quisumbing Torres’ Intellectual Property, Data and Technology Practice Group and co-heads the Technology, Media & Telecommunications (TMT) Industry Group. She participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. She is a member of Baker & McKenzie International's Asia Pacific TMT Steering Committee. She currently serves as the Vice-President and Director of the Philippine Chapter of the Licensing Executives Society International, the Chairperson of the Committee on Intellectual Property Rights, The American Chamber of Commerce of the Philippines, and the Chairperson of the Committee on Intellectual Property Rights of the European Chamber of Commerce. Divina heads the Subcommittee for East Asia and the Pacific of the Unreal Campaign of the International Trademarks Association (INTA) and is a Certified Information Privacy Manager by the International Association of Privacy Professionals (IAPP).

Author

Jose Angelo Tiglao, CIPM, CIPP/E, CIPT, is an associate with the Intellectual Property, Data and Technology Practice Group as well as the Consumer Goods and Retail Industry Group at Quisumbing Torres. He is a Certified Information Privacy Professional (Europe), a Certified Information Privacy Manager, and a Certified Information Privacy Technologist by the International Association of Privacy Professionals (IAPP). He is currently the Young Privacy Professional of the IAPP KnowledgeNet Philippine Chapter and previously served as the Assistant Corporate Secretary of the Licensing Executives Society Philippines. He is also actively engaged in teaching several law subjects in the De La Salle University College of Law.

Author

Marianne Angeli Estioco is an Associate in Quisumbing Torres, Manila office.

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