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In Philippines

Philippines: Quisumbing Torres Publishes Guide to Developing and Operating Data Centers in the Philippines

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The Philippines logged one of the highest growth rates as an emerging data center market alongside Malaysia and Thailand, supporting the active digital profile of Filipinos.
Access Quisumbing Torres’ Developing and Operating Data Centers in the Philippines to learn more about the key legal issues for data center investors. The guide provides the relevant regulatory information including issues and considerations related to foreign investment controls, data (i.e., privacy, telecommunications laws, cybersecurity, data localization, antitrust),tax, M&A, financing, sustainability and real estate.

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In Trade and Foreign Investment

Philippines: Managing customs disputes in the Philippines

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On 18 August 2022, a webinar entitled Managing Customs Disputes in the Philippines took place as part of the Asia Pacific IMT webinar series. The collection targets of both the Philippine Bureau of Internal Revenue and the Bureau of Customs have increased to recover the lost government revenue caused by the pandemic. This has resulted in a rise in the imposition of penalties on importers for non-compliance. The webinar provides a brief discussion of the common issues raised during border disputes and post clearance audits, and the remedies available to the importers.

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Philippines: Administrative fines for data privacy infractions to be imposed starting 27 August 2022

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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.

In Asia-Pacific region

Asia Pacific: Industrials, Manufacturing & Transportation Webinar Series

by and 3 Mins Read

As global and regional integration increases, multinational companies ought to navigate numerous custom-related complexities and challenges imposed by relevant authorities in any jurisdiction. This webinar series provide an in-depth coverage of legal frameworks, practical issues and key trends and developments surrounding customs audits in select Asia Pacific jurisdictions.

In ESG

Philippines: President inks executive order ordering the registration of franchise agreements involving MSMEs

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On 12 May 2022, the President issued Executive Order No. 169, which seeks to intensify government efforts in strengthening the franchising industry and to help businesses, especially micro, small and medium enterprises, by developing a transparent and business-friendly environment, and promoting fair and equitable practices.

In Asia-Pacific

Philippines: Joint Administrative Order No. 22-01 provides Guidelines for Online Businesses

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On 4 March 2022, a Joint Administrative Order No. 22-01entitled Guidelines for Online Businesses Reiterating the Laws and Regulations Applicable to Online Business and Consumers, was published among 6 government bodies. The JAO seeks to increase consumer confidence in business-to-consumer and business-to-business e-commerce transactions by ensuring that e-commerce platforms, electronic retailers and online merchants are guided on the rules, regulations and responsibilities in the conduct of online business. It reiterates existing policies, procedures and guidelines that apply to online businesses, and provides an integrated remedies process for online consumers.

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In Asia-Pacific

Philippines: Amendment allowing full foreign ownership of telcos signed by President Rodrigo Duterte

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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 Asia-Pacific

Philippines: President approves law removing foreign equity restrictions on public service companies

by , , , and 9 Mins Read

The president of the Philippines has signed into law Republic Act No. 11659 (“RA 11659”), which: (a) removes foreign equity restrictions on most public service companies, except those considered as ‘public utility’ and ‘critical infrastructure’; (b) limits the scope of ‘public utility’ to public service companies involved in distribution and transmission of electricity, petroleum and petroleum products pipeline transmission systems, water pipeline distribution systems, wastewater and sewerage pipeline systems, seaports, and public utility vehicles (PUVs); and (c) limits the scope of ‘critical infrastructure’ to public service companies that own, use or operate systems and assets that are “vital to the Republic of the Philippines that the incapacity or destruction of such systems or assets would have a detrimental impact on national security, including telecommunications and other such vital services as may be declared by the President of the Philippines”.

In Asia-Pacific

Philippines: Philippine Department of Trade and Industry issues the implementing rules and regulations of the Retail Trade Liberalization Act as amended by Republic Act No. 11595

by and 6 Mins Read

On 10 December 2021, President Rodrigo Duterte signed into law Republic Act No. 11595, otherwise known as ‘An Act amending Republic Act No. 8762 or the Retail Trade Liberalization Act of 2000, by lowering the paid-up capital requirement for foreign retail enterprises and other purposes.’ RA 11595 took effect on 21 January 2022.

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