On November 11, 2025, Taiwan officially promulgated significant amendments to the Personal Data Protection Act (PDPA), marking a pivotal step in enhancing personal data security. The effective date for these amendments will be determined by the Executive Yuan, the executive branch of the Taiwanese government.
These revisions include the establishment of the Personal Data Protection Commission (PDPC), which will oversee compliance and enforce regulations related to personal data protection. The changes aim to elevate standards and foster a more secure environment for individuals and organizations handling personal data.
Key Updates in the Amendments
The amendments introduce several critical requirements, particularly for non-government agencies, which are now subject to more stringent regulations regarding data breach notifications. According to Article 12, organizations must report any data breach incidents to the PDPC and affected individuals. Previously, non-government agencies were required only to notify individuals when personal data was compromised. Now, if the breach meets specific criteria, these agencies must also inform the PDPC.
In addition to reporting, the new regulations mandate that non-government agencies implement immediate remedial measures to contain the incident. They are also required to document relevant facts, impacts, and actions taken, retaining these records for inspection by the PDPC. Failure to comply with these reporting obligations can result in penalties ranging from NT$20,000 to NT$200,000, with additional fines imposed for each instance of non-compliance.
Another significant aspect of the amendments is the enhancement of security measures for personal data files, as outlined in Article 20-1. Non-government agencies must now adhere to stricter protocols to safeguard personal data against theft, alteration, damage, loss, or leakage. The PDPC will provide comprehensive guidelines on managing personal data file security, maintenance mechanisms, and procedures for disposing of data when no longer needed.
Violations of these new security obligations could incur penalties between NT$20,000 and NT$2,000,000, with additional fines of NT$150,000 to NT$15,000,000 for each failure to rectify the situation.
PDPC’s Role and Enforcement Powers
The PDPC will hold considerable authority as the independent supervisory body responsible for ensuring compliance with the PDPA. According to Article 22, the commission is empowered to conduct administrative inspections and enforce corrective actions. If the PDPC suspects a violation, it can request that non-government agencies provide documents or allow inspections.
During these inspections, the PDPC may retain or copy personal data as necessary. Non-government agencies are obligated to cooperate fully; failure to do so without a legitimate reason may result in penalties ranging from NT$20,000 to NT$200,000.
Organizations operating in Taiwan should stay informed about any future guidance and regulations issued by the PDPC and relevant authorities. It is essential for these entities to align their operations with the new requirements of the Taiwan government to mitigate risks and enhance their personal data protection practices.
As these amendments take effect and the PDPC begins its oversight role, the landscape of data protection in Taiwan is set to transform significantly, prioritizing the safety and privacy of individuals’ personal information.
