Search for:
Author

Bienvenido A. Marquez III

Browsing
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.

The National Privacy Commission issued Circular No. 2022-04 on 5 December 2022, which sets out the registration framework of Data Protection Officers and Data Processing Systems. Under the Circular, personal information controllers and personal information processors operating in the Philippines are required to register with the NPC as long as they meet any of the conditions for registration. The Circular took effect on 11 January 2023.

On 10 October 2022, President Ferdinand Marcos Jr. signed into law Republic Act No. 11934, otherwise known as the “Subscriber Identity Module (SIM) Registration Act”. The primary purpose of the Act is to mandate all public telecommunications entities to require the registration of SIM cards prior to their sale and activation, in an effort to promote accountability and provide law enforcement with an identification tool in resolving crimes .

The National Privacy Commission issued Circular No. 2022-01 on 12 August 2022, entitled “Guidelines on Administrative Fines”. The Circular fixes the administrative fines to be imposed upon personal information controllers or personal information processors for infractions of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the NPC. The Circular takes effect on 27 August 2022 and will apply prospectively. Thus, complaints that have already been filed with the NPC prior to the effectivity date are not covered by the Circular.

The National Privacy Commission recently announced that the deadline for the submission of Annual Security Incident Reports for the years 2018 to 2021 is on 31 October 2022, while the deadline to submit the 2022 version of said report is on 31 March 2023.

President Rodrigo Duterte signed into law Republic Act No. 11659 or “An Act Amending Commonwealth Act No. 146,” otherwise known as the Public Service Act, as amended on 21 March 2022. The amendment aims to liberalize previously restricted service industries to encourage private enterprise and foreign investment. While the law provides an exclusive list of sectors that are to be classified as ‘public utilities’ that remain subject to foreign ownership restrictions, the amendment also removes the 40% foreign ownership investment cap on certain public service sectors, including telecommunications.

In an announcement made on 4 March 2022, the Philippine National Privacy Commission officially extended the validity of all existing Certificates of Registration issued in 2021 from 8 March 2022 to 8 March 2023. For Certificates of Registration issued in 2020 or earlier, which are expiring this 8 March 2022, the NPC is directing all affected personal information controllers and personal information processors to renew their registration with the Commission.

On 4 June 2021, the Philippine National Privacy Commission (NPC) announced that it will be holding off the launch of its eRehistro system in order “to make way for a complete solution that integrates all the services related to data privacy compliance.”

The Philippine National Privacy Commission (NPC) highlighted in its official Facebook page the main distinctions between the current registration process and the upcoming eRehistro system, specifically with regard to (1) the registration form, (2) the registration of data processing systems (DPS), (3) the certificate of registration, and (4) addressing deficiencies and concerns.

The Philippine National Privacy Commission (NPC) released on its official Facebook page two announcements regarding the soon-to-be launched eRehistro system. The NPC announced: (1) the system’s process and requirements for account creation, data processing systems (DPS) inventory; and (2) the amendment of registration information for covered personal information controllers (PIC) and personal information processors (PIP).

On 20 March 2021, the Philippine National Privacy Commission (NPC) answered a new batch of frequently asked questions regarding eRehistro, specifically with regard to the commission’s validation process, user credentials and the certificate of registration.

For previous responses from the NPC on this topic, check out our earlier client alert here.