China Personal Information Protection Law (PIPL)
Effective 1st November 2021, the PIPL has come into effect, detailing the scope of personal information which can be obtained, stored and processed within and outside of China.
Some of the key points implemented include:
- Whilst the PIPL covers the processing of information within the Republic of China, it also extends to data processed out of country where it relates to people located within the Republic. This may be to provide a product or service, to analyse or assess behaviour of persons, or any other circumstance required under law or regulation.
- The definition for personal information encompasses any information (including video, voice, or imaging data) relating to any identifiable person.
- The concept of ‘personal information processor’ has been put forward and the definition for ‘personal information processing’ has been established.
- ‘Sensitive personal information’ has been defined as the personal information of which the leakage or illegal use could easily lead to the violation of the personal dignity of a natural person or harm to personal or property safety.
- Legal bases for processing personal information have been broadened to detail the specific grounds where personal information can be processed, including, but not limited to, performing a contract or carrying out HR management, to ensure statutory obligations are met, in a public health emergency, where required by law or administrative regulations.
- Detailed requirements have been established
for ‘notification and consent’, particularly for the processor to obtain consent where sensitive data
is being processed, personal information is being shared to another processor or publicly, or where the information is being shared outside of China.
- Obligations have been set forth for the processor detailing their responsibilities.
- Where joint processing or entrusted processing will apply, special obligations have been established and require special attention as this may include any third parties that a company uses.
- Personal information must be stored within China. Where cross-border transfer of information is necessary, the transfer must pass security assessments administered by the Cyberspace Administration of China (CAC) and other authorities.
- Penalties for breaching violations of the law may lead to fines up to RMB 50,000,000 or 5% of the processor’s turnover in the year prior, confiscation of legal gains, revocation of permits and licenses, cessation of operation and others. Individuals in charge may be held liable and subject to fines up to RMB 1,000,000 and they may be restricted from their senior positions for a period of time.
Qatar Mandatory Medical Insurance
On 4th November 2021, a new law was published in the Official Gazette making medical insurance compulsory for non-Qatari workers and visitors in Qatar. The law will come into effect on 4th May 2022, 6 months after the publish date.
The Ministry of Justice implemented Law No (22) 2021 which stipulates that mandatory health insurance will be required for expatriate workers and visitors to the country. The insurance policy must provide basic healthcare through both government facilities as well as private facilities.
Employers with non-Qatari workers must ensure they provide basic healthcare coverage to their workers through one of the insurance companies that are registered with the Ministry of Public Health (MOPH).
The Ministry of Public Health is also reviewing rules for switching providers, registering healthcare providers, insurance companies, claims management companies, and brokers. They will also review what healthcare services providers can offer.
Employers should review their existing insurance policies for Qatar to ensure that they remain compliant with the new law and are registered with a MOPH insurer in time for May 2022.
Abu Dhabi Golden Visa Medical Insurance Update
Golden Visas were introduced to attract professionals to relocate and invest in Abu Dhabi’s economy. Professionals that the Golden Visa were aimed at include doctors, scientists, specialists, investors and others.
The Abu Dhabi Residents Office (ADRO), Department of Health (DOH), and the regulator of the healthcare sector announced updates to try and make the application process easier for those applying for cover and to facilitate a smooth transition for the individuals to move and live in Abu Dhabi.
The guidelines were separated into two key categories:
1. The first category covers workers in Abu Dhabi whose employers must continue to cover the cost of their health insurance, in accordance with the Health Insurance Law No.23/2005
2. The second category covers Golden Visa applicants, except those already in category one, who need to take out health insurance for the period of their stay. If these individuals do not have health insurance cover currently, they will need to provide their own cover and pay the relevant associated costs (insurance premiums etc.) which may include signing to confirm they will incept their health insurance plan or self-insure and cover all medical costs.