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Philippines: National Privacy Commission announces schedule of fees

By 3 Mins Read

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 QTInfoDesk@quisumbingtorres.com for inquiries.

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Author

Bienvenido Marquez III is a partner in 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 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). He has been appointed as member of the INTA Asia Global Advisory Council (GAC) for 2022 to 2023, making him the only Philippine representative on the council.

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, CIPM is a partner and the head of 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, and the Asia Pacific Intellectual Property Steering Committees.
Divina is a Certified Information Privacy Manager by the International Association of Privacy Professionals (IAPP). She currently serves as the Vice-President and Director of the Philippine Chapter of the Licensing Executives Society International, the Regional Vice-chair of the LESI's Education Committee, the Co-chairperson of the Committee on Intellectual Property Rights of The American Chamber of Commerce of the Philippines, and the Chairperson of the IAPP KnowledgeNet Chapter for the Philippines.
Divina was recently appointed to be a member of the Advisory Council for Intellectual Property (ACIP) of the Intellectual Property Office of the Philippines (IPOPHL). The ACIP is an advisory board composed of a select group of people from different sector to which IP is of great value. She was recently recognized in the Hall of Fame for Best External Lecturers by the IP Academy of the IPOPHL.
Divina just finished her stint as the chair the Unreal Campaign of the International Trademarks Association (INTA) for East Asia and the Pacific and continues to organize anti-counterfeiting activities in schools and universities around the country, educating the youth about the importance of intellectual property protection.
Divina is a multi-awarded lawyer with a stellar track record in the IP, data and technology fields. She has garnered numerous awards and accolades, including the Woman Lawyer of the Year by the ALB Philippine Law Awards 2023. She has been cited as leading lawyer for intellectual Property and TMT by The Legal 500 Asia Pacific, Chambers Asia Pacific, Managing IP, World Trademark, Asialaw and IAM Patent 1000, among others. Known for her exceptional legal expertise and unwavering commitment to her clients, Divina has established herself as a leader in her profession.

Author

Marianne Angeli B. Estioco is an associate in Quisumbing Torres’ Intellectual Property, Data & Technology Practice Group. She obtained her Juris Doctor degree from the University of the Philippines College of Law in 2020 and was admitted to the Philippine bar in 2022.

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