{"id":109542,"date":"2025-08-07T12:25:34","date_gmt":"2025-08-07T12:25:34","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=109542"},"modified":"2025-08-29T15:35:25","modified_gmt":"2025-08-29T15:35:25","slug":"taiwan-artificial-intelligence","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/taiwan-artificial-intelligence\/","title":{"rendered":"Taiwan: Artificial Intelligence"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-109542","comparative_guide","type-comparative_guide","status-publish","hentry","guides-artificial-intelligence","jurisdictions-taiwan"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Lee and Li, Attorneys-at-Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/Firm-Logo_Lee-and-Li.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Lee and Li, Attorneys-at-Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/Firm-Logo_Lee-and-Li.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Artificial Intelligence laws and regulations applicable in Taiwan<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are your countries legal definitions of \u201cartificial intelligence\u201d?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At the time of writing, there is no official legal definition of artificial intelligence under current Taiwan laws and regulations,\u00a0 while the &#8220;Guidelines for the Use of Artificial Intelligence (AI) in the Financial Industry&#8221; (&#8220;Financial Industry AI Guidelines&#8221;) issued in June 2024 by Taiwan&#8217;s financial regulator, the Financial Supervisory Commission (&#8220;FSC&#8221;) define &#8220;AI systems&#8221; as &#8220;systems that learn from large amounts of data and use machine learning or related model-building algorithms to perform perception, prediction, decision-making, planning, reasoning, communication, etc. to imitate human learning, thinking and reaction patterns&#8221;.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country developed a national strategy for artificial intelligence? If so, has there been any progress in its implementation? Are there plans for updates or revisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Taiwan government announced the &#8220;Taiwan AI Action Plan&#8221; in 2018 to declare Taiwan\u2019s goal to become an important partner in the value chain of global AI technology and intelligence systems and to leverage the advantages of software and hardware techniques to promote AI technology across industries. According to the Taiwan AI Action Plan, the government\u2019s view is that Taiwan is well positioned to take advantage of the opportunities in developing AI-related industries.<\/p>\n<p>In 2023, the government unveiled the &#8220;Taiwan AI Action Plan 2.0,&#8221; building on earlier initiatives with a focus on five core objectives: expanding and optimizing talent, advancing technology and industrial development, enhancing operational environments, increasing international influence, and tackling human and societal issues. Moreover, in the inauguration speech of Taiwan&#8217;s newly elected President Lai on May 20, 2024, he emphasized the nation&#8217;s commitment to becoming an &#8220;Island of Artificial Intelligence&#8221; in response to global and technological challenges. This vision includes promoting the industrialization of AI, fast-tracking innovative AI applications, and incorporating AI across various sectors. The overarching goal is to harness AI computing power to boost national strength, military capabilities, human resources, and economic growth.<\/p>\n<p>In addition, recent media reports have indicated that Taiwan\u2019s Executive Yuan (cabinet) will soon launch the \u201cNew Ten Major AI Initiatives.\u201d \u00a0The \u201cNew Ten Major AI Initiatives\u201d will encompass six major AI infrastructures and four advanced technologies:<\/p>\n<p>(1) Infrastructure: The government will establish supercomputers and cloud data centers across Taiwan to expand computing capacity, support enterprises in big data processing and AI computation, and strengthen data governance and cybersecurity mechanisms to ensure the safe and stable application of technology. At the same time, the government will foster the AI platform software industry, aiming to assist one million enterprises in adopting AI technologies and promote the intelligent transformation of sectors such as transportation, healthcare, and education.<\/p>\n<p>(2) Advanced Technologies: The policy will focus on four core areas: intelligent robotics, quantum technology, silicon photonics, and sovereign AI. Intelligent robotics applications will cover manufacturing and daily life, enhancing production efficiency. Quantum technology will open up a new computing architecture, potentially overcoming bottlenecks in semiconductors and optoelectronics. Silicon photonics is key to realizing high-performance AI chips, reducing energy consumption, and increasing speed. Sovereign AI will focus on cultivating domestic large language models and key technologies to ensure technological autonomy and independence. To this end, the government will form a \u201cQuantum National Team\u201d to integrate semiconductor and optoelectronic capabilities, solidifying Taiwan\u2019s leading position in strategic AI technologies.<\/p>\n<p>It is expected that by 2040, the \u201cNew Ten Major AI Initiatives\u201d will generate approximately NT$15 trillion in economic output and create 500,000 high-paying jobs, injecting long-term momentum into industrial transformation and regional development.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country implemented rules or guidelines (including voluntary standards and ethical principles) on artificial intelligence? If so, please provide a brief overview of said rules or guidelines. If no rules on artificial intelligence are in force in your jurisdiction, please (i) provide a short overview of the existing laws that potentially could be applied to artificial intelligence and the use of artificial intelligence, (ii) briefly outline the main difficulties in interpreting such existing laws to suit the peculiarities of artificial intelligence, and (iii) summarize any draft laws, or legislative initiatives, on artificial intelligence.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In 2019, the Ministry of Science and Technology under the Executive Yuan (the Cabinet) announced the \u201cAI Technology R&amp;D Guidelines\u201d to demonstrate the Taiwan government\u2019s commitment to improving Taiwan\u2019s AI R&amp;D environment.\u00a0 The government expects the participants to always be aware of the Guidelines when conducting relevant activities and endeavouring to build an AI-embedded society with three core values, which are \u201cHuman-centred Values\u201d, \u201cSustainable Developments\u201d and \u201cDiversity and Inclusion\u201d.\u00a0\u00a0 Based on the above three core values, the following eight guidelines were published under the AI Technology R&amp;D Guidelines for the guidance of AI participants, so that a solid AI R&amp;D environment and society that connect to the global AI trends may be established: \u201cCommon Good and Well-being\u201d, \u201cFairness and Non-discrimination\u201d, \u201cAutonomy and Control\u201d, \u201cSafety\u201d, \u201cPrivacy and Data Governance\u201d, \u201cTransparency and Traceability\u201d, \u201cExplainability\u201d and \u201cAccountability and Communication\u201d.<\/p>\n<p>It is important to note that in August 2023, the Executive Yuan (Taiwan\u2019s cabinet) released guidelines for the use of generative AI by the Executive Yuan and its subordinate government authorities and agencies.<\/p>\n<p>Regarding the financial sector, Taiwan&#8217;s Financial Supervisory Commission (FSC) introduced the &#8220;Core Principles and Related Promotion Policies for the Use of Artificial Intelligence (AI) by the Financial Industry&#8221; in October 2023. Subsequently, on June 20, 2024, the FSC issued the &#8220;Guidelines for the Use of Artificial Intelligence (AI) in the Financial Industry&#8221; (\u201cFinancial Industry AI Guidelines\u201d). These guidelines are intended to serve as a reference for financial institutions in the implementation, application, and oversight of AI technologies. The FSC has clarified that the Financial Industry AI Guidelines are intended as administrative guidance. Financial industry associations that have developed their own self-regulatory frameworks for AI usage can integrate the key points and measures from these Guidelines into their own regulations. In the absence of such self-regulations, financial institutions are advised to adhere to these Guidelines for the implementation, utilization, and management of AI systems.<\/p>\n<p>In July 2024, the National Science and Technology Council unveiled its draft of the Basic Act for Artificial Intelligence (&#8220;Draft AI Act&#8221;). Although the Draft AI Act does not impose concrete regulatory obligations on the private sector, it articulates several foundational principles intended to guide future AI governance:<\/p>\n<ol style=\"padding-left: 0\">\n<li>Guiding Principles for AI R&amp;D and Application: The Draft AI Act emphasizes the promotion of AI research, development, and deployment in alignment with core values such as sustainable development, human autonomy, privacy and data governance, information security, transparency, fairness, non-discrimination, and accountability.<\/li>\n<li>Regulatory Adaptation: The government is tasked with refining regulatory frameworks to accommodate AI innovation. Regulatory interpretation and enforcement should be conducted in a manner that does not impede the introduction of new technologies or services.<\/li>\n<li>Experimental Environments: Sector-specific authorities are empowered to create or enhance innovative experimental environments to facilitate AI research, development, and application.<\/li>\n<li>Risk Prevention and Harm Mitigation: The government must ensure that AI deployment does not endanger citizens\u2019 lives, physical integrity, liberty, property, social order, or the ecological environment. It must also address risks such as conflicts of interest, bias, discrimination, deceptive advertising, misinformation, and fraud, in accordance with applicable laws.<\/li>\n<li>Risk Classification Framework: The Ministry of Digital Affairs is responsible for establishing a risk-based classification system for AI, consistent with international norms. Subsequently, industry regulators may develop sector-specific risk management rules.<\/li>\n<li>Regulatory Review and Amendment: Competent authorities are required to review and revise existing regulations to ensure effective implementation of AI-specific legislation.<\/li>\n<li>Risk Management and Oversight: The government must identify, evaluate, and mitigate AI-related risks. Through the adoption of standards, regulations, or guidelines, it should foster AI innovation while assessing vulnerabilities and potential misuse, thereby strengthening the verifiability and human oversight of AI-driven decisions.<\/li>\n<li>Trust and Accountability Mechanisms: Based on risk classification, the government should bolster the reliability of AI applications through standards, validation, testing, labelling, disclosure, traceability, and accountability. It must also establish clear rules regarding application conditions, responsibilities, remedies, compensation or insurance, and clarify liability and attribution.<\/li>\n<li>Personal Data Protection: The personal data protection authority is to support sectoral regulators in preventing unnecessary collection, processing, or use of personal data during AI development and deployment.<\/li>\n<li>Data Governance: The government is to implement mechanisms for data openness, sharing, and reuse to enhance data accessibility for AI.<\/li>\n<\/ol>\n<p>Given the potential impact of this legislative initiative, stakeholders should closely monitor the Draft AI Act as it advances through the legislative process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which rules apply to defective artificial intelligence systems, i.e. artificial intelligence systems that do not provide the safety that the public at large is entitled to expect?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Please see below our responses to Question 5 regarding the Consumer Protection Act.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe any civil and criminal liability rules that may apply in case of damages caused by artificial intelligence systems. Have there been any court decisions or legislative developments clarifying liability frameworks applied to artificial intelligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><u>Civil liability<\/u>:<\/p>\n<p>As AI has not yet been recognised as a legal entity under current Taiwan law, it cannot be liable for any civil liability under current Taiwan law.\u00a0 Therefore, in case of tort liability arising from the use of AI technology, the injured party would still need to prove that the torts fall within any of the specific types of tort under the Civil Code and\/or the Consumer Protection Act (\u201cCPA\u201d).<\/p>\n<p>For example, the manufacturer of a self-driving car may be held liable under Article 7 of the CPA if the court considers that it is unable to prove that the car has met and complied with the contemporary technical and professional standards of reasonably expected safety requirements before such car was released on to the market.\u00a0 The injured person may also wish to prove and convince the judge that the self-driving vehicle falls within the definition of \u201cautomobile\u201d and the user should be considered the \u201cdriver\u201d under Article 191\u20132 of the Civil Code. In addition, the injured person would also bear the burden to prove that the \u201cuser\u201d was negligent when using the self-driving vehicle if such person wishes to establish a claim under Article 184 of the Civil Code (i.e., the general tort).<\/p>\n<p>The Taiwan court recently rendered a decision holding a driver fully liable for damages under Articles 184 and 191-2 of the Civil Code, for the driver&#8217;s reliance on the Advanced Driver Assistance System (ADAS)\u2014an artificial intelligence feature embedded in the vehicle\u2014and, as a result, failed to maintain adequate vigilance regarding road conditions, leading to a collision with a highway facility. The court determined that the driver\u2019s dependence on ADAS did not absolve them of their legal duty to exercise due care, and thus imposed full civil liability for the resulting damages.<\/p>\n<p><u>Criminal liability<\/u>:<\/p>\n<p>Criminal liability under Taiwan law typically requires a person\u2019s mental state to allow \u201cintention\u201d or \u201cnegligence\u201d.\u00a0 AI itself would not be capable of acquiring the aforementioned \u201cmental state\u201d and therefore of committing a criminal offence. In addition, in principle, only natural persons are deemed capable of committing crimes, save for certain exceptional circumstances where legal persons may be subject to criminal fines. Given that, similarly to the discussion on tort liability, with regard to the issue of determining whether a criminal offence has been committed, one would need to prove the required conditions of criminal liability, such as \u201cintention\u201d or \u201cnegligence\u201d and \u201ccausation\u201d on the part of the person \u201cusing\u201d or \u201cbehind\u201d the AI.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who is responsible for any harm caused by an AI system? And how is the liability allocated between the developer, the deployer, the user and the victim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Please see our responses to above Question 5.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What burden of proof will have to be satisfied for the victim of the damage to obtain compensation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Please see our responses to above Question 5.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the use of artificial intelligence insured and\/or insurable in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At this stage, we have not seen any news about any insurance product specifically covering AI liability or liability stemming from the use of AI.\u00a0 However, the views of many experts and scholars indicate that the insurers should strive to design suitable AI liability insurance products in collaboration with car manufacturers and software companies (in the context of insurance for liability caused by self-driving cars) as well as the hospitals, medical doctors and software companies (in the context of insurance for liability caused by medical AI).\u00a0 There are also articles by legal scholars which analyze the possible mechanisms for covering and allocating the risks and liabilities caused by AI, such as liability insurance or special compensation funds<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can artificial intelligence be named an inventor in a patent application filed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In judicial practice, an artificial intelligence device cannot be named as an inventor of a patent. Judgments from the Taiwan Intellectual Property and Commercial Court hold that a patent invention is the creative output of the human spirit, and cannot be created by an artificial intelligence device; from the perspective of Taiwan law, only natural or legal persons can enjoy such rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do images generated by and\/or with artificial intelligence benefit from copyright protection in your jurisdiction? If so, who is the authorship attributed to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Determining the owner of the intellectual property in an AI-created work is expected to be a legal issue that will be widely discussed as the use of AI becomes more widespread.\u00a0 According to the views of many experts and scholars, currently AI learns through computer software designed by humans, which is called \u201cdeep learning\u201d.\u00a0 In addition to responding to human query inputs, AI is able to use its limited intrinsic perception and logic to help its users make decisions.\u00a0 In other words, as AI already has the ability of deep learning, it is not merely a tool for humans.\u00a0 However, there would be issues as to whether AI has the ability to create an \u201coriginal expression\u201d under copyright law.\u00a0 In this regard, we believe that as of now, as AI is still not a \u201cperson\u201d from a legal perspective, work created by AI cannot be copyrighted \u2014 such view is also generally supported by a letter of interpretation issued by Taiwan\u2019s Intellectual Property Office (IPO) dated April 20, 2018 (Ref. No.: 1070420).<\/p>\n<p>In general, our preliminary view is that such issues might not be resolved under the current IP regime in Taiwan; it is a real challenge faced by, and needs to be addressed by, the government, legislators, representatives of the court system, and other legal practitioners in the future along with the development of AI.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main issues to consider when using artificial intelligence systems in the workplace? Have any new regulations been introduced regarding AI-driven hiring, performance assessment, or employee monitoring?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Two trending issues with AI tools, such as ChatGPT:<\/p>\n<p>(1) Confidentiality: As ChatGPT collected data from the users, it is generally suggested that confidential or sensitive information (e.g., trade secret) should be removed or &#8220;de-identified&#8221; before using ChatGPT.<\/p>\n<p>(2) Correctness: It is still the general view that content (especially facts) provided by ChatGPT might not necessarily be factually accurate, and the information generated by ChatGPT would need to be verified independently in order not to make mistakes in the workplace due to the use of inaccurate information generated by ChatGPT.<\/p>\n<p>At present, Taiwan has not enacted or revised any specific laws or regulations to address issues arising from AI-driven hiring, performance evaluation, or employee monitoring. However, we anticipate that this topic will increasingly become a subject of discussion within the field of labor and employment law. As such, it is likely to develop further in both legal practice and court proceedings should any disputes arise in the future.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What privacy issues arise from the development (including training) and use of artificial intelligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Taiwan, personal data is protected by Taiwan&#8217;s Personal Data Protection Act (&#8220;PDPA&#8221;). The collection, processing and use of any personal data are generally subject to notice and consent requirements under the PDPA. Pursuant to the PDPA, personal data is defined broadly as the name, date of birth, ID card number, passport number, characteristics, fingerprints, marital status, family information, education, occupation, medical record, medical treatment and health examination information, genetic information, information about sex life, criminal record, contact information, financial conditions, social activities and other information that may directly or indirectly identify an individual.<\/p>\n<p>Under the PDPA, unless otherwise specified by law, a company is generally required to give notice to (notice requirement) and obtain consent from (consent requirement) an individual before collecting, processing or using any of said individual\u2019s personal data, subject to certain exemptions. To satisfy the notice requirement, certain matters must be communicated to the individual, such as the purposes for which his or her data is collected, the type of the personal data and the term, area and persons authorised to use the data, among other things.<\/p>\n<p>In addition, \u201csensitive personal data\u201d (i.e., personal data pertaining to a natural person\u2019s medical records, healthcare, genetics, sex life, physical examination, and criminal records) would be subject to stricter regulations under the PDPA.\u00a0 For example, the consent must be made in writing, and the following must be complied with: (i) the collection, processing or use must not exceed the necessary scope of the specific purpose(s); (ii) the collection, processing or use based solely on the consent of the data subject is not otherwise prohibited by law; and (iii) such consent is not given by the data subject out of his\/her free will.<\/p>\n<p>AI technology has not changed said requirements. If a company wishes to collect, process and use any individual\u2019s personal data with respect to development (including training) and using AI technology or exploring the data with AI technology, it will be subject to the obligations under the PDPA as advised above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is data scraping regulated in your jurisdiction from an IP, privacy and competition point of view? Are there any recent precedents addressing the legality of data scraping for AI training?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no laws and regulations specifically promulgated or amended for regulating data scraping in relation to IP, privacy and competition in Taiwan. \u00a0One needs to look into the current IP laws, the Personal Data Protection Act (\u201cPDPA\u201d), and the Fair Trade Act (&#8220;FTA&#8221;) to examine any legal issue that may arise.<\/p>\n<p>In the field of IP, for example, if data scraping would involve the \u201creproduction\u201d of copyrighted work of another, then it might constitute copyright infringement.<\/p>\n<p>Regarding privacy, it is less likely that any data scraping activities would constitute violation of the PDPA if such activities only capture data generally available on the Internet.<\/p>\n<p>In terms of competition law, Article 25 of the FTA prohibits enterprises from having any deceptive or obviously unfair conduct that can affect trading order.\u00a0 There was a case where an entity in the real estate industry scrapped data from a competitor\u2019s website\/App and made such scrapped data available at such entity\u2019s own App. This act was found to have violated Article 25 of the FTA by the competent authority and the Taiwan Intellectual Property and Commercial Court.<\/p>\n<p>In addition, it is worth noting that there was a court judgment in June 2025, in which the court held that a legal database service provider, by obtaining another provider\u2019s data through data scraping, constituted a violation of the Criminal Code provision regarding the criminal offense of &#8220;interfering with computer use&#8221;, namely &#8220;without reason, obtains the magnetic record of another\u2019s computer or related equipment and causes injury to the public or others&#8221;.\u00a0 However, if if the information was not obtained by unauthorized access to another party&#8217;s computer system, whether this should constitute the element of &#8220;without reason&#8221; remains to be observed in subsequent appeal proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent is the prohibition of data scraping in the terms of use of a website enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>From a Taiwan legal viewpoint, the prohibition of data scraping in the terms of use of a website may be enforceable if there is evidence that may prove that the visitor has been clearly inform of the terms of use (including such prohibition) and given consent to such terms of use (e.g, clicking the bottom \u201cI agree\u201d in order to continue to browse the website).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have the privacy authorities of your jurisdiction issued guidelines on artificial intelligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have the privacy authorities of your jurisdiction discussed cases involving artificial intelligence? If yes, what are the key takeaways from these cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While the privacy authorities in Taiwan did not discuss any cases specifically on the use of or developments in AI, it is noteworthy that in August of 2022, Taiwan&#8217;s Constitutional Court rendered its judgment on the issue regarding research database of the National Health Insurance (the \u201cNHI\u201d), holding that because the PDPA and the National Health Insurance Act (the \u201cNHI Act\u201d) are inadequate in terms of data protection and privacy, the relevant laws should be amended or new laws should be specifically promulgated within three years of the date of the judgment to address the following issues: (1) the establishment of an independent supervisory mechanism for the protection of personal data; (2) the requirements and controls governing the use of the NHI data by the competent authority for the purpose of establishing databases, as well as the release of the personal data; and (3) the rules relating to the cessation (opt-out) of the use of the NHI data as requested by the data subject.<\/p>\n<p>In May 2025, the Executive Yuan (cabinet) released the draft National Health Insurance Data Management Act (the \u201cDraft NHI Data Management Act\u201d), which proposes comprehensive measures to strengthen the governance of health insurance data. The Draft NHI Data Management Act requires the formation of an advisory council responsible for offering expert advice and supervising the execution of relevant policies. It also establishes a framework for the development, administration, and assessment of relevant data repositories, and prescribes standardized procedures for the transmission of data by insurers to the competent authorities. Additionally, the Draft NHI Data Management Act grants data subjects the right to opt out of the use of their data. Industry players are therefore suggested to closely monitor the regulatory developments.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have your national courts already managed cases involving artificial intelligence? If yes, what are the key takeaways from these cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Please see our responses to above Question 5 (regarding liabilities) and to Question 9\u00a0 (i.e., a patent invention is the creative output of the human spirit, and cannot be created by an artificial intelligence device; from the perspective of Taiwan law, only natural or legal persons can enjoy such rights).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your country have a regulator or authority responsible for supervising the use and development of artificial intelligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Ministry of Digital Affairs (&#8220;MODA&#8221;) was formally established under the Executive Yuan (the Cabinet) for matters in relation to facilitating Taiwan&#8217;s digital development of its telecommunications, information, cyber security, internet and communications industries, coordinating national digital policies, supervising national cyber security policies, managing communications and digital resources and assisting digital transformation. There are two subordinate agencies under the MODA \u2014 the Administration of Digital Industries and the Administration of Cyber Security.\u00a0 According to the Organization Act of the Administration for Digital Industries, Ministry of Digital Affairs, the Administration of Digital Industries is in charge of providing guidance and incentives for interdisciplinary digital innovation of AI, big data, platform economy, or other digital economy related industries.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How would you define the use of artificial intelligence by businesses in your jurisdiction? Is it widespread or limited? Which sectors have seen the most rapid adoption of AI technologies?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Taiwan, the use of AI has been more and more widespread, and the use cases can be found in industries such as transportation, healthcare, financial services, retail, media, etc.\u00a0 For example:<\/p>\n<p>In transportation, the sandbox law for autonomous and self-driving vehicles, the Unmanned Vehicle Technology Innovation and Experiment Act (the Unmanned Vehicle Sandbox Act), provides a friendlier environment to test the applications of AI and the Internet of Things (IOT) in transportation. As of 2 July 2024, almost 20 innovative experimentations have been approved to enter the sandbox, and the commercial launch of them is generally expected as long as the results of the experiments are positive.<\/p>\n<p>As to financial services, robo-adviser services (i.e., online securities investment consulting services using automation tools and algorithms) evolve with the promulgation and the subsequent amendments to the &#8220;Operating Rules for Securities Investment Consulting Enterprises Using Automated Tools to Provide Consulting Service&#8221;. In addition, in May 2025, Taiwan\u2019s FSC released the results of a survey on the application of AI by financial institutions. The highest adoption rate of AI was found in banks (87%), followed by life insurance companies (67%) and property insurance companies (45%). The survey showed that the main purposes for financial institutions to apply AI are to improve operational efficiency (30%), save manpower (18%), and optimize customer experience (15%). The main areas of application are internal administrative operations, intelligent customer service, and the prevention of financial crimes. The most commonly used AI technologies are natural language processing (NLP) and large language models (LLM) (31%), machine learning (28%), and robotic process automation (RPA) (23%). For the financial industry, the most prevalent AI application areas remain internal administrative operations (39%) and intelligent customer service (15%).<\/p>\n<p>In healthcare, recently, AI\u2019s involvement in healthcare has broadened to include medical management, diagnostic processes, predictive diagnostics, and clinical care. For instance, major medical research institutions in Taiwan have been developing AI algorithms to be used for cardiovascular risk assessment, diagnosing cancer lesions at an early stage, accelerating the image recognition, among other things.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is artificial intelligence being used in the legal sector, by lawyers and\/or in-house counsels? If so, how? Are AI-driven legal tools widely adopted, and what are the main regulatory concerns surrounding them?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>It is not surprising if any individual Taiwan lawyers or in-house counsels use tools such as ChatGPT for their work.\u00a0 Also, ccording to our understanding, there are law firms that have set, or are discussing whether to set internal policies governing lawyers&#8217;\/employees&#8217; use of ChatGPT in the office, and the rules or restrictions on the types of work products that may involve the assistance of ChatGPT, as well as relevant restrictions to protect client confidentiality. \u00a0Due to the relatively smaller scale of law firms in Taiwan compared to those in Europe, the United States, and China, it is less likely for them to develop their own AI systems. However, most firms would at least consider using third-party AI\u2014either legal tech solutions specifically designed for the legal industry or general-purpose AI software tools.<\/p>\n<p>In general, the use of AI raises concerns regarding confidentiality (such as the risk of clients&#8217; confidential information being collected or leaked), the accuracy of AI-generated content, and potential infringement of others&#8217; rights (for example, copyrights).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the 5 key challenges and the 5 key opportunities raised by artificial intelligence for lawyers in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The following are certain challenges raised by AI that have been discussed by lawyers in Taiwan: (1) types of work at risk of being replaced by AI (i.e., replacement of legal-related human resources); (2) clients&#8217; unwillingness to pay for certain services that can be invoiced traditionally; (3) less opportunities for junior lawyers to get trained as their predecessors before the AI era; (4) the need to spend more time and energy to acquire the skills and knowledge needed for using AI; and (5) potential risk of being surpassed by competitors who are better at utilizing AI technologies.<\/p>\n<p>Lawyers in Taiwan also have discussed the following potential opportunities that may arise due to the development of AI in private practice: (1) lawyers can be released from the more trivial tasks to\u00a0 higher-value work; (2) increase efficiency in completing the tasks; (3) provide services with more objective foundations and analysis to customers; (4) automate tasks; (5) potential feasibility to move from human-rendered services to services without human intervention (e.g., software, AI as legal services developed by the firm, etc.).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where do you see the most significant legal developments in artificial intelligence in your jurisdiction in the next 12 months? Are there any ongoing initiatives that could reshape AI governance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Please see our responses to above Question 3 regarding the Draft AI Act. The development of this AI legislation should be monitored closely as it progresses through the legislative process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4789<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/109542","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=109542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}