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In January 2014, Taiwan's legislature amended the Communication Protection and Monitoring Act. Under the 2014 Amendment to the Communication Protection and Monitoring Act, a prosecutor will have to obtain from a competent court an order before having access to an individual's communication records and this person's identification information that are stored by a telecommunication service provider. To obtain a court order that permits access to an individual's communication records, a prosecutor has to prove before the court that an individual has been engaging with or involved in a serious crime and this person's communication records and identification information will be relevant to and necessary for the prosecutor's investigation into this matter.
Yulan Kuo & Charles Chen
Yulan Kuo, Selene Chien
Yulan Kuo, Jane Wang, Wade Lin
Yulan Kuo, Ching-I Lu
Formosa Transnational - Taiwan
Yulan Kuo & Brian Hsiang-Yang Hsieh
In a recent court judgment, the Taipei District Court (“TPDC”) affirmed, as upheld by the Taiwan High Court (“THC”) in April 2010, the validity of a package limitation clause in a contract of carriage. The TPDC held that not all clauses for the exclusion or limitation of liability, as contained in a document relating to a contract of carriage, would be void, and that whether such exclusion or limitation would be unconscionable depends on the underlying facts and circumstances leading to the conclusion of the contract in question. The TPDC nevertheless limited the application of the package limitation clause to losses occurred during air transportation.
The Internet is widely used by nearly every household on the planet and the penetration rate continues to climb each year. E-commerce or online shopping is transforming the retail sector where some markets have been affected more than others.
Since the global financial crisis in 2009, international insurers (such as Prudential, Aegon and the ING Group) have withdrawn their physical presence from the Taiwan insurance market due to fierce price competition from local players and low growth in the Taiwan market in comparison to the neighboring China and other emerging Asian markets.