October 8, 2021

GDPR: Four Common Misconceptions About Collecting Personal Data

Whether your business is B2B or B2C, you’ll inevitably run into the question of data collection and GDPR compliance. We’ll break down some misconceptions surrounding data collection so you will have a better idea on how to navigate through GDPR compliance.

Misconception #1: I cannot collect certain personal data.

Generally, GDPR does not restrict the type of data you collect, but it does restrict the circumstances in which you can collect. You can collect all sorts of user data as long as you obtain explicit consent from the user and have proper safeguards against data breach. Keep in mind that there are specific requirements for obtaining a user’s explicit consent which you must follow before you start collecting user’s personal data.

Misconception #2: Business data is also personal data.

Business data is treated differently from personal data. Sometimes the line between what is considered business data and personal data can be blurred, but generally, business data is not personal data that is governed by GDPR. For example, my office email and phone number is considered business data and not my personal data, even though you can identify me using such information.

Misconception #3: I can collect my employee’s information without complying with GDPR.

Many of our clients with subsidiaries or affiliates in the EU mistakenly think that they can receive and make use of employee’s data from their EU offices. That is not the case. Your EU offices have the right to refuse to provide their employee’s information to other offices (or even the headquarter) if the other offices are not in compliance with GDPR. Certain employee data can be considered as personal data and not business data; therefore, governed under GDPR.

Misconception #4: GDPR is the same as your local privacy laws.

Complying with GDPR does not necessarily mean you are in compliance with your local privacy laws. Although much of the laws and regulations may overlap, there are likely differences (even subtle differences) that may put your company at risk of violation. This is why you should consult with your attorney that is familiar with both GDPR and local privacy laws.

Please note that these are general information on GDPR provided for your reference and should not substitute the advice of an attorney. Please contact our office find out more on GDPR compliance for your business.

June 27, 2021

Gogoro-Foxconn’s Global Expansion

Gogoro and Foxconn announced yesterday its partnership aimed to globalize Gogoro’s battery swapping and smart vehicle technology. Gogoro’s founder and CEO, Horace Luke, commented on Gogoro-Foxconn’s plans for expansions, “Our ability to rapidly scale our manufacturing to meet global demands is vital… Together, our companies will be on the forefront of rolling out smart mobility solutions in cities around the world.”  

Foxconn has made several aggressive investments in the global EV ecosystem, including USD 15.5M in AutoCore automobile software, 36M in Gigasolar EV battery, partnership with Thailand’s state-run energy group PTT, and manufacturing deals with Byton and Fisker. At this rate, Foxconn is on its way to become one of the world’s leading manufacturers of EV’s. 

March 12, 2021

Largan Precision Proceeds with Share Acquisition after Settlement with Ability Opto-Electronics

Largan Precision Co., and Ability Opto-Electronics Technology Co., has been in an IP litigation battle since 2012. Shortly after the announcement of a settlement agreement, Largan announced on Tuesday on the Taiwan sTock Exchange of its acquisition of 15.2 percent stake in Ability. As a result, shares of Ability jumped 10 percent, while Largan’s shares dropped by 1.5 percent. 

 

Largan, one of the largest supplier of camera lenses, alleged IP infringement against Ability as well as Samsung Electronics Co., Newmax Technology Co., and HP Inc. over the years. In 2017, the Intellectual Property Court ruled in favor of Largan and ordered Ability to pay NTD 1.52 billion in damages. 

 

The settlement with Ability was reached last week and the acquisition of Ability’s stake is part of the terms of the settlement. The terms of the settlement agreement remain confidential and it may be too early to tell whether this settlement is a win-win for Largan and Ability. 

February 4, 2021
Huawei and Verizon Enters “Private Mediation” 

A year ago, on February 5, 2020, Huawei filed a patent infringement litigation at the US Eastern District Court of Texas against US telecom giant Verizon demanding USD 1 billion in licensing fees. This sparked political outrage in the US as Huawei is on the US government’s blacklist for both mobile and 5G network infrastructure. 

In the latest development, the US Patent and Trademark Office refused to consider Verizon’s four petitions to invalidate Huawei’s patents, stating that the patent trial for the case is approaching too quickly for the PTAB to consider the petitions. The patent infringement case is temporarily on hold for a private mediation between Huawei and Verizon. 

It is unclear at this point whether Huawei’s motives for its litigation campaign are monetary driven or politically driven. If the latter is true, we may see a long dragged-out litigation or a series of litigations against US telecoms.

January 27, 2021
US-China Trade War Intensifies with Mandatory SEP Licensing Fee Bill

The “Protecting American Innovation and Development Act of 2021” (appropriately named, “PAID”) bill was introduced by Senator Jim Inhofe yesterday. This bill would give the Department of Commerce authority to stop Chinese import and sales of wireless technologies covered by standard essential patents (SEP) in the United States. During a press release, Inhofe stated that Chinese companies often sell wireless products in the US that use US patents without paying licensing fees to the patent owner. 

Typically, a patent owner would have to file a complaint and litigate for years at the International Trade Commission (ITC) to obtain such a result. This bill would require the Department of Commerce to maintain a list of Chinese companies that are selling wireless products in the US that are not paying any licensing fees. Companies on this list would be required to engage in negotiations and agree to pay licensing fees within 12 months; otherwise, their products would be banned from being sold in the US. 

This bill, if passed, essentially forces Chinese companies to pay fees to US companies prior to selling wireless products in the US. Even if license fees were paid to a US company, it does not exclude other companies from filing patent infringement litigations against the Chinese company using different SEPs for seeking further compensation.

January 19, 2021
Foxconn Advances with EV Development in JV with Geely and Baidu.

Foxconn Technology Group and Zhejian Geely Holding Group made their strategic cooperation official by entering into a new JV each with 50% stake. The JV is to provide consulting and manufacturing services relating to eclectic vehicles, drive systems and automotive ecosystems platforms. Geely and Foxconn plans on helping automakers to quickly and smoothly transition into the EV market.

At the same time, Geely announced they have plans for another strategic partnership with Baidu, focusing on developing intelligent electric vehicles. This partnership will focus on research and development utilizing the Sustainable Experience Architecture, an open-source electric vehicle architecture.
Geely Automobile Holdings Ltd is listed on the Hong Kong Exchange. 

January 18, 2021
Apple’s Patent for a Foldable Device Rumored to be Tested by Foxconn.
On Thursday, the USPTO published a continuation patent from Apple relating to a foldable device. A continuation patent is a patent that follows or extends an earlier filed patent to include additional claims to an invention previously disclosed that has not been issued or abandoned. In this case, Apple added 20 claims to its previous patent. 

Back in November of last year, Patently Apple reported a rumor that Apple has been working with several suppliers on a foldable device. Last week, Taiwan United Daily News reported that foldable devices with folding hinges were tested at Foxconn’s Shenzhen factory.

January 15, 2021
IBM Once Again Boasts the Highest Issued Patents of the Year at the USPTO.
Taiwan Companies Sees an Increase in Global Issued Patents.
The United States Patent and Trademark Office issued 352,017 patents in 2020, of which 9,130 are patents filed by International Business Machine (IBM). Followed by second place, Samsung, with 6,415 issued patents. IBM’s patents focus on technology related to hybrid cloud, artificial intelligence and data security. This is not surprising as the market observed a strong push towards cloud data, the success of which depends heavily on AI to process and analyze big data and data security.

• Samsung Electronics may be taking second place at the USPTO, but takes first place in global patent application and issued patents.

• Taiwanese companies’ awareness in global patent rights protection and FTO have increased, resulting in a growth of 5.1% in total global issued patents in 2020.

January 16, 2021
The US Government Continues to Expand its Blacklist. 
Amongst the Chinese companies blacklisted by the US government, Xiaomi Corp., became a new member of the blacklist along with 8 other companies. The military blacklist by the US Department of Defense targets companies that the government suspects to have military ties. The military blacklist differs from the Commerce Department’s entity list, which notoriously blocked US companies from supplying components to Huawei. 

The inclusion of Xiaomi onto the blacklist will likely alarm its shareholders as the company’s supply of chips and other components may be jeopardized. Xiaomi confirms that it is not owned, controlled or affiliated with the Chinese military, and not a “Communist Chinese Military Company” as defined under the US National Defense Authorization Act (NDAA). 

Xiaomi’s shares in Hong Kong dropped 11% after the announcement of the blacklist