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Sean J.C. Shih

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Sean Shih is a partner in Baker McKenzie's Taipei office. He has extensive experience advising clients on intellectual property rights (e.g., trademarks, copyrights, and trade secrets), data privacy, emerging technologies (such as AI), e-commerce, consumer protection, antitrust, and litigation/dispute resolution matters. His comprehensive knowledge and experience across these diverse practice areas enable him to provide clients with strategic and holistic legal counsel on complex and cutting-edge business issues.
Sean holds several certifications and memberships, including Certified Information Privacy Professional/Europe (CIPP/E), Certified Personal Data Manager, Member of the Chartered Institute of Arbitrators (MCIArb), and arbitrator of the Chinese Arbitration Association, Taipei. He currently serves as the Chair of the Digital Services and Data Protection Committee at the Taipei Bar Association, and previously worked at Baker McKenzie's Chicago office (2019~2020).

In response to the persistent issue of fraud, the Fraud Crime Hazard Prevention Act (FCHPA) was passed by the Legislative Yuan and came into force on 31 July 2024. The FCHPA requires financial institutions, virtual asset service providers, telecom enterprises, online advertising platform operators, third-party payment service providers, e-commerce and online gaming companies to respectively take certain fraud prevention measures.
In September 2024, the Ministry of Digital Affairs (MODA) published the criteria of the online advertising platforms that would be subject to the FCHPA, designated four foreign online advertising platform operators that meet the criteria, and asking them to report their legal representative (can be a law firm) in Taiwan by 31 October 2024.

The Electronic Signatures Act of Taiwan, enacted in 2001, has undergone its first major amendment (“Amendment”) in response to the rapid global digital transformation and the changing landscape of digital services and digital economy in Taiwan. With the proliferation of digital solutions and the increasing demand for electronic documents and signatures, particularly accelerated by the COVID-19 pandemic, the Taiwan Legislative Yuan passed the Amendment on 30 April 2024. The Amendment will take effect following the President’s promulgation.

Due to an increase in cases of personal data breaches in recent years with incidents affecting large numbers of data subjects, critics have raised concerns about the existing penalties being too lenient to halt the frequent data breaches. In a high-profile case involving the secondary use of national health insurance data, the Taiwan Constitutional Court ruled in August 2022 that the lack of independent data protection authority is against the Constitution and requested the establishment of the relevant legal system within three years. The Taiwan Legislative Yuan passed the Amendment to the Personal Data Protection Act on 16 May 2023 to address these concerns.