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[null,"Prepared By:","Contributors:"]
[null,"Romulo Mabanta Buenaventura Sayoc & De Los Angeles"]
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["Global Data Privacy Guide"]
[]
["Report Generated: 11/19/2025"]
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["View your report results on next tab"]

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["Question","Philippines"]
["Key Legislation Overview"]
["1. What is the key legislation?","The \nData Privacy Act of 2012 (“\nData Privacy Act”), its \nImplementing Rules and Regulations (“\nIRR”), and the issuances of the National Privacy Commission (“\nNPC”) govern the processing of Personal Information and Sensitive Personal Information. Processing refers to any operation or set of operations performed upon personal data including collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data. Processing may be performed through automated means or manual processing if the personal data are contained or are intended to be contained in a filing system.\nNote:\nThe key legislation governing privacy in the Philippines is the \nData Privacy Act and its IRR. The Data Privacy Act declares that it is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring the free flow of information to promote innovation and growth.\nFurthermore, the \nData Privacy Act declares that the State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that Personal Information in information and communications systems in the government and in the private sector are secured and protected.\n"]
["2. What are the key decisions applying that legislation?"]
["Key Data Protection Provisions"]
["1. How are “personal data” and “sensitive data” defined?"]
["2. How is the defined data protected?"]
["3. Who is subject to privacy obligations?","The \nData Privacy Act applies to any natural and juridical person involved in Personal Information Processing.\nNote:\nThe \nData Privacy Act applies to the processing of all types of Personal Information and to any natural and juridical person involved in Personal Information Processing including those Personal Information Controllers and Processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines.\n"]
["4. How is “data processing” defined?"]
["5. What are the principles applicable to personal data processing?"," Generally, Personal Information must be collected from the individual who has given consent. [Sec.12(a)] . The processing of personal data shall be allowed subject to adherence to the principles of transparency, legitimate purpose, and proportionality. \n\n \n\t Transparency. The Data Subject must be aware of the nature, purpose, and extent of the processing of his or her personal data, including the risks and safeguards involved, the identity of the Personal Information Controller, his or her rights as a Data Subject, and how these can be exercised. Any information and communication relating to the processing of personal data should be easy to access and understand, using clear and plain language. \n\t Legitimate purpose. The processing of information shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy. \n\t Proportionality. The processing of information shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal data shall be processed only if the purpose of the processing could not reasonably be fulfilled by other means. \n \n\n Note: \n\n The  Data Privacy Act  states that Personal Information must, be: \n\n \n\t collected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified, and legitimate purposes only; \n\t processed fairly and lawfully; \n\t accurate, relevant and, where necessary for purposes for which it is to be used the processing of Personal Information, kept up to date; inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted; \n\t adequate and not excessive in relation to the purposes for which they are collected and processed; \n\t retained only for as long as necessary for the fulfillment of the purposes for which the data was obtained or for the establishment, exercise, or defense of legal claims, or for legitimate business purposes, or as provided by law; and \n\t kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the data were collected and processed: Provided, that Personal Information collected for other purposes may be processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods: provided, further, that adequate safeguards are guaranteed by said laws authorizing their processing. \n \n\n The Personal Information Controller must ensure the implementation of Personal Information Processing principles set out herein. \n\n Moreover, the processing of Personal Information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists: \n\n \n\t the Data Subject has given his or her consent; \n\t the processing of Personal Information is necessary and is related to the fulfillment of a contract with the Data Subject or in order to take steps at the request of the Data Subject prior to entering into a contract; \n\t the processing is necessary for compliance with a legal obligation to which the Personal Information Controller is subject; \n\t the processing is necessary to protect vitally important interests of the Data Subject, including life and health; \n\t the processing is necessary in order to respond to a national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or \n\t the processing is necessary for the purposes of the legitimate interests pursued by the Personal Information Controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the Data Subject which require protection under the  Philippine Constitution . \n \n\n Furthermore, the processing of Sensitive Personal Information and Privileged Information shall be prohibited, except in the following cases: \n\n \n\t the Data Subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing; \n\t the processing of the same is provided for by existing laws and regulations: Provided, that such regulatory enactments guarantee the protection of the sensitive Personal Information and the privileged information: provided, further, That the consent of the Data Subjects are not required by law or regulation permitting the processing of the sensitive Personal Information or the privileged information; \n\t the processing is necessary to protect the life and health of the Data Subject or another person, and the Data Subject is not legally or physically able to express his or her consent prior to the processing; \n\t the processing is necessary to achieve the lawful and non-commercial objectives of public organizations and their associations: Provided, that such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive Personal Information are not transferred to third parties: Provided, finally, That consent of the Data Subject was obtained prior to processing; \n\t the processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of Personal Information is ensured; or \n\t the processing concerns such Personal Information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise, or defense of legal claims, or when provided to government or public authority. \n \n"]
["6. How is the processing of personal data regulated?"," Subject to specific exceptions, the use and disclosure of Personal Data are permitted for the purpose for which it was collected. Such as when necessary for the fulfillment of a contract, for compliance with a legal obligation, to protect vitally important interests of the Data Subject, and to comply with the requirements of public order and safety. \n\n Note: \n\n Please refer to the discussion under the section \" How are storage, security and retention of personal data regulated? \"  \n\n Generally, Personal Information and Sensitive Personal Information cannot be disclosed without the consent of the Data Subject or without being authorized by the  Data Privacy Act  or any existing law. However, the following are not included in the scope of the  Data Privacy Act : \n\n \n\t Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:\n\t \n\t\t the fact that the individual is or was an officer or employee of the government institution; \n\t\t the title, business address and office telephone number of the individual; \n\t\t the classification, salary range and responsibilities of the position held by the individual; and \n\t\t the name of the individual on a document prepared by the individual in the course of employment with the government; \n\t \n\t \n\t Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services; \n\t Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit; \n\t Personal Information processed for journalistic, artistic, literary or research purposes; \n\t Information necessary in order to carry out the functions of public authority which include the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions; \n\t Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with the  Anti-Money Laundering Act  and other applicable laws; and \n\t Personal Information originally collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines. \n \n"]
["7. How are storage, security and retention of personal data regulated?"," The Personal Information must be protected against any accidental or unlawful destruction, alteration, and disclosure, accidental loss, or destruction, as well as unlawful access, fraudulent misuse, unlawful destruction, alteration, and contamination. \n\n Note: \n\n For the security of the storage of Personal Information, the Personal Information Controller must observe the following: \n\n \n\t implement reasonable and appropriate organizational, physical, and technical measures intended for the protection of Personal Information against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing; \n\t implement reasonable and appropriate measures to protect Personal Information against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination; \n\t further, ensure that third parties processing Personal Information on its behalf shall implement the security measures required by the  Data Privacy Act . \n \n\n Also, in determining the appropriate level of security, the following factors should be considered: \n\n \n\t the nature of the Personal Information to be protected, \n\t the risks represented by the processing, \n\t the size of the organization and complexity of its operations, \n\t current data privacy best practices and \n\t the cost of security implementation. \n \n\n The security measures to be implemented must include the following, which are subject to guidelines that the National Privacy Commission (\" NPC \") may issue: \n\n \n\t safeguards to protect its computer network against accidental, unlawful, or unauthorized usage or interference with or hindering of their functioning or availability; \n\t a security policy with respect to the processing of Personal Information; \n\t a process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks, and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach, and \n\t regular monitoring for security breaches and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach. \n \n\n Moreover, the employees, agents or representatives of a Personal Information Controller who are involved in the processing of Personal Information shall operate and hold Personal Information under strict confidentiality if the Personal Information is not intended for public disclosure. This obligation shall continue even after leaving the public service, the transfer to another position, or upon the termination of their employment or contractual relation. \n\n NPC Advisory No. 2017-01 now requires Personal Information Controllers and Personal Information Processors to designate an individual or individuals who shall function as Data Privacy Officer (“ DPO ”). The DPO shall be accountable for ensuring the compliance with the Data Privacy Act , its IRR, issuances by the NPC , and other applicable laws and regulations relating to privacy and data protection. \n\n The Personal Information Controllers and Personal Information Processors may be subject to compliance checks by the Commission based on the following considerations: \n\n \n\t level of risk to the rights and freedoms of Data Subjects posed by personal data processing; \n\t reports received by the Commission; \n\t non-registration; \n\t unsecured or publicly available personal data found on the internet; and \n\t other considerations that indicate non-compliance with the Data Privacy Act or issuances of the Commission ( NPC Circular 18-02 ) \n \n"]
["8. What are the data subjects' rights under the data legislation?"," The rights of the Data Subject, among others, include reasonable access to contents of his or her Personal Information and to correct it immediately and accordingly if there is a dispute in the accuracy. \n\n Note: \n\n The  Data Privacy Act  provides that the Data Subject is entitled to: \n\n \n\t be informed whether Personal Information pertaining to him or her shall be, are being or have been processed; \n\t be furnished with the information before the entry of his or her Personal Information into the processing system of the Personal Information Controller, or at the next practical opportunity; and \n\t the Data Subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing, automated processing, or profiling. The Data Subject shall also be notified and given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to the Data Subject in the preceding paragraph. \n \n\n Furthermore, the IRR lists the following rights of the Data Subject: \n\n \n\t Right to be informed \n\t Right to object \n\t Right to access \n\t Right to rectification \n\t Right to erasure or blocking \n\t Right to damages \n \n\n The Data Subject is also allowed reasonable access to, upon demand, the following: \n\n \n\t the contents of his or her Personal Information that were processed; \n\t the sources from which Personal Information was obtained; \n\t the names and addresses of recipients of the Personal Information; \n\t the manner by which such data were processed; \n\t the reasons for the disclosure of the Personal Information to recipients; \n\t the information on automated processes where the data will or likely be made as the sole basis for any decision significantly affecting or will affect the Data Subject; \n\t the date when his or her Personal Information concerning the Data Subject was last accessed and modified; and \n\t the designation, or name or identity and address of the Personal Information Controller; \n \n\n The Data Subject may dispute the inaccuracy or error in the Personal Information and have the Personal Information Controller correct it immediately and accordingly unless the request is vexatious or otherwise unreasonable. If the Personal Information has been corrected, the Personal Information Controller shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by recipients thereof: Provided, that the third parties who have previously received such processed Personal Information shall be informed of its inaccuracy and its rectification upon reasonable request of the Data Subject. \n\n In addition, the Data Subject may suspend, withdraw or order the blocking, removal or destruction of his or her Personal Information from the Personal Information Controller’s filing system upon discovery and substantial proof that the Personal Information is incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected. In this case, the Personal Information Controller may notify third parties who have previously received such processed Personal Information. \n"]
["9. What are the consent requirements for data subjects?"]
["10. How is authorization for use of data handled?"]
["11. Are cross-border data transfers regulated? If so, what are the restrictions on cross-border data transfers?"," The  Data Privacy Act  applies to those entities engaged in and outside of the Philippines if the processing relates to Personal Information about a Philippine citizen or a resident, even if the processing is done outside of the Philippines as long as it is about Philippine citizens or residents. \n\n Note: \n\n The  Data Privacy Act  applies to an act done or practice engaged in and outside of the Philippines by an entity if the act, practice, or processing relates to Personal Information about a Philippine citizen or a resident. \n\n Moreover, the  Data Privacy Act  applies if the entity has a link with the Philippines, and the entity is processing Personal Information in the Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens or residents such as, but not limited to, the following: \n\n \n\t a contract is entered in the Philippines; \n\t a juridical entity unincorporated in the Philippines but has central management and control in the country; and \n\t an entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to Personal Information; and \n \n\n Also, the  Data Privacy Act  applies if the entity has other links in the Philippines such as, but not limited to: \n\n \n\t the entity carries on business in the Philippines; and \n\t the Personal Information was collected or held by an entity in the Philippines. \n \n"]
["12. How are data \"incidents\" and \"breaches\" defined?"]
["13. Are there any notification requirements for incidents and/or data breaches?"," The Personal Information Controller must notify the Commission and affected Data Subjects when there is a breach in processing sensitive Personal Information or other information believed to have been acquired by an unauthorized person. \n\n Note: \n\n The  Data Privacy Act  and the  IRR  state that the Personal Information Controller shall promptly notify the Commission and the affected Data Subjects within 72 hours upon knowledge of, or when it has a reasonable belief that: \n\n \n\t Sensitive Personal Information or other information has been acquired by an unauthorized person, and that: \n\t Such Personal Information may, under the circumstances, be used to enable identity fraud, and the Personal Information Controller or the Commission believes that such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected Data Subject. \n \n\n There shall be no delay in the notification if the breach involves at least one hundred Data Subjects, or the disclosure of sensitive Personal Information will harm or adversely affect the Data Subject. The full report of the personal data breach must be submitted within five days, unless the Personal Information Controller is granted additional time by the Commission to comply. \n\n In case the Personal Information Controller fails to notify the Commission or Data Subjects, or there is unreasonable delay to the notification, the Commission shall determine if such failure or delay is justified. Failure to notify shall be presumed if the Commission does not receive notification from the Personal Information Controller within five  days from knowledge of or upon a reasonable belief that a personal data breach occurred. ( NPC Circular 16-03, Sec. 19 ) \n\n The notification shall at least describe: \n\n \n\t the nature of the breach \n\t the sensitive Personal Information possibly involved, and \n\t the measures taken by the entity to address the breach. \n \n\n The notification may be delayed only to the extent necessary to determine the scope of the breach, prevent further disclosures, or restore reasonable integrity to the information and communications system. \n\n The notification shall also include measures taken to reduce the harm or negative consequences of the breach, the representatives of the Personal Information Controller, including their contact details, from whom the Data Subject can obtain additional information about the breach, and any assistance to be provided to the affected Data Subjects. \n\n In evaluating if notification is unwarranted, the Commission may take into account compliance by the Personal Information Controller with the provisions of the  Data Privacy Act  and the existence of good faith in the acquisition of Personal Information. \n\n The Commission may exempt a Personal Information Controller from notification where, in its reasonable judgment, such notification would not be in the public interest or in the interests of the affected Data Subjects. \n\n The following additional factors shall be considered in determining whether the Commission may exempt a Personal Information Controller from notification: \n\n \n\t security measures that have been implemented and applied to the personal data at the time the personal data breach was reasonably believed to have occurred, including measures that would prevent the use of the personal data by any person not authorized to access it; \n\t subsequent measures that have been taken by the Personal Information Controller or Personal Information Processor to ensure that the risk of harm or negative consequence to the Data Subjects will not materialize; \n\t age or legal capacity of affected Data Subjects: Provided, that in the case of minors or other individuals without legal capacity, notification may be done through their legal representatives ( NPC Circular 16-03, Sec. 19 ) \n \n\n The Commission may authorize postponement of notification where it may hinder the progress of a criminal investigation related to a serious breach. \n"]
["14. Who is/are the privacy regulator(s)?"," The Data Privacy Act created an independent body known as the National Privacy Commission. The Commission is tasked to administer and implement the provisions of the Data Privacy Act , and to monitor and ensure compliance of the country with international standards set for data protection. \n\n Note: \n\n The National Privacy Commission is tasked to administer and implement the provisions of the  Data Privacy Act , and to monitor and ensure compliance of the country with international standards set for data protection. \n\n The  Data Privacy Act  also provides that the Commission, shall have the following functions: \n\n \n\t Ensure compliance of Personal Information Controllers with the provisions of the  Data Privacy Act ; \n\t Receive complaints, institute investigations, facilitate or enable settlement of complaints through the use of alternative dispute resolution processes, adjudicate, award indemnity on matters affecting any Personal Information, prepare reports on the disposition of complaints and resolution of any investigation it initiates, and, in cases it deems appropriate, publicizes any such report; \n\t Issue cease and desist orders, impose a temporary or permanent ban on the processing of Personal Information, upon finding that the processing will be detrimental to national security and public interest; \n\t Compel or petition any entity, government agency or instrumentality to abide by its orders or take action on a matter affecting data privacy; \n\t Monitor the compliance of other government agencies or instrumentalities on their security and technical measures and recommend the necessary action in order to meet minimum standards for protection of Personal Information pursuant to the  Data Privacy Act ; \n\t Coordinate with other government agencies and the private sector on efforts to formulate and implement plans and policies to strengthen the protection of Personal Information in the country; \n\t Publish on a regular basis a guide to all laws relating to data protection; \n\t Publish a compilation of agency system of records and notices, including index and other finding aids; \n\t Recommend to the Department of Justice (\" DOJ \") the prosecution and imposition of penalties specified in Sections 25 to 29 of the  Data Privacy Act ; \n\t Review, approve, reject, or require modification of privacy codes voluntarily adhered to by Personal Information Controllers; \n\t Provide assistance on matters relating to privacy or data protection at the request of a national or local agency, a private entity or any person; \n\t Comment on the implication of data privacy of proposed national or local statutes, regulations or procedures, issue advisory opinions and interpret the provisions of the  Data Privacy Act  and other data privacy laws; \n\t Propose legislation, amendments, or modifications to Philippine laws on privacy or data protection as may be necessary; \n\t Ensure proper and effective coordination with data privacy regulators in other countries and private accountability agents, participate in international and regional initiatives for data privacy protection; \n\t Negotiate and contract with other data privacy authorities of other countries for cross-border application and implementation of respective privacy laws; \n\t Assist Philippine companies doing business abroad to respond to foreign privacy or data protection laws and regulations; and \n\t In general, perform such acts as may be necessary to facilitate cross-border enforcement of data privacy protection. \n \n"]
["15. What are the consequences of a data breach?"," Depending on the breach committed, the offender may suffer a penalty of imprisonment ranging from six months to seven years and a fine of between Php 100,000 to 5,000,000. \n\n Note: \n\n The Department of Justice, upon the recommendation of the Commission, shall prosecute violations of the  Data Privacy Act  which are punishable with criminal sanctions. \n\n The following actions are punishable by the act with imprisonment in varying duration plus a monetary penalty: \n\n \n\t The unauthorized processing of Personal Information or Sensitive Personal Information without the consent of the Data Subject or without being authorized by the  Data Privacy Act  or any existing law \n\t Accessing or providing access to Personal Information or Sensitive Personal Information due to negligence and without being authorized under the Data Privacy Act or any existing law \n\t Knowingly or negligently disposing, discarding, or abandoning the Personal Information or Sensitive Personal Information of an individual in an area accessible to the public or has otherwise placed the Personal Information of an individual in its container for trash collection \n\t Processing Personal Information or Sensitive Personal Information for purposes not authorized by the Data Subject, or otherwise authorized under the  Data Privacy Act  or under existing laws. \n\t Knowingly and unlawfully, or violating data confidentiality and security data systems, breaking in any way into any system where personal and Sensitive Personal Information is stored \n\t Concealment of security breaches involving Sensitive Personal Information after having knowledge of the security breach and of the obligation to notify the Commission pursuant to Section 20(f) of the  Data Privacy Act . \n\t Disclosing Personal Information or Sensitive Personal Information without the consent of the Data Subject and without malice or bad faith by any Personal Information Controller or Personal Information Processor or any of its officials, employees or agents, to a third party \n\t Disclosing, with malice or in bad faith, of unwarranted or false information relative to any Personal Information or personally sensitive information obtained by any Personal Information Controller or Personal Information Processor or any of its officials, employees or agents \n \n\n If the offender is a corporation, partnership or any juridical person, the penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or by their gross negligence, allowed the commission of the crime. If the offender is a juridical person, the court may suspend or revoke any of its rights under the  Data Privacy Act . If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties prescribed. If the offender is a public official or employee and lie or she is found guilty of acts penalized under Sections 27 and 28 of the  Data Privacy Act , he or she shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. The maximum penalty is imposed when the Personal Information of at least one hundred persons is harmed, affected, or involved. When the offender or person responsible is a public officer, an accessory penalty consisting in disqualification to occupy public office for a term double the term of criminal penalty imposed shall be applied. \n"]
["16. How is electronic marketing regulated?","The \nImplementing Rules of the Electronic Commerce Act of 2000 ensures the protection of users, in particular with regard to privacy, confidentiality, anonymity, and content control.\nMoreover, the \nRight to Object provided under the \nIRR grants the Data Subject the right to refuse direct marketing, automated process, or profiling. The Data Subject shall also be notified and given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to the Data Subject.\nNote:\nThe \nImplementing Rules of the Electronic Commerce Act of 2000 ensures the protection of users, in particular with regard to privacy, confidentiality, anonymity, and content control. The \nElectronic Commerce Act aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical, and similar medium, mode, instrumentality, and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transactions in the government and by the general public.\nThe \nElectronic Commerce Act shall apply to any kind of electronic data message and electronic document used in the context of commercial and non-commercial activities including domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.\n"]
["17.\tAre there sector-specific or industry-specific privacy requirements?"]
["18.\tWhat are the requirements for appointing Data Protection Officers or similar roles?"]
["19.\tWhat are the record-keeping and documentation obligations?"]
["20.\tWhat are the requirements for conducting Data Protection Impact Assessments (DPIAs)?"]
["21.\tWhat are the requirements for third-party vendor management and data sharing?"]
["22.\tWhat are the penalties and enforcement mechanisms for non-compliance?"]
["23.\tWhat are the ongoing compliance and audit requirements?"]
["24. Are there any recent developments or expected reforms?"," On August 25, 2016, The National Privacy Commission issued the implementation rules and regulations of the  Data Privacy Act . The rules took effect on September 9, 2016. The  IRR  imposed compliance obligations on Personal Information Controllers and processors. \n\n Note: \n\n The  IRR  imposed the following compliance obligations on Personal Information Controllers and processors: \n\n \n\t Registration of Personal Data Processing Systems: The Personal Information Controller or Personal Information Processor that employs fewer than 250 persons shall not be required to register unless the processing it carries out is likely to pose a risk to the rights and freedoms of Data Subjects, the processing is not occasional. If the processing includes Sensitive Personal Information of at least one thousand individuals, the personal data processing systems shall be registered with the  NPC . \n\t Reportorial Requirements: Personal Information Controllers are required to notify the Commission of automated processing operations where the processing becomes the sole basis of making decisions that would significantly affect the Data Subject. Personal Information Controllers are required to notify the Commission and affected Data Subjects of a data breach within 72 hours upon knowledge thereof. Also, an annual report of the summary of documented security incidents and personal data breaches.  \n\t Consent of Data Subject: Consent is required prior to the collection and processing of personal data, subject to exemptions provided by the act and other applicable laws and regulations. When consent is required, it must be time-bound in relation to the declared, specified, and legitimate purpose. Consent given may be withdrawn.  \n\t Security Measures for the Protection of Personal Data: The  IRR  provides the  Guidelines for Organizational, Physical, and Technical Security Measures  which Personal Information Controllers and processors are required to implement while processing Personal Information. \n \n\n The National Privacy Commission publishes advisories and circulars on their website to clarify provisions of the  Data Privacy Act  and the  IRR , or to provide guidance with respect to their interpretation. On December 23, 2020, the National Privacy Commission issued  NPC Circular No 2020-03  outlining the requirements and  Guidelines for Data Sharing Agreements .  \n\n Other recent developments include: \n\n \n\t NPC Circular 20-01: Guidelines on the Processing of Personal Data for Loan-Related Transactions provides for rules on processing personal data for the purposes of loan processing activities; \n\t NPC Circular 20-02: Rules on the Issuance of Cease and Desist Orders governs applications for cease and desist orders on the processing of personal data; \n\t NPC Circular 2020-03: Data Sharing Agreements which applies to personal data under the control/custody of Personal Information Controllers that are being shared, disclosed, or transferred to another Personal Information Controller. It also applies to personal data that is consolidated by several Personal Information Controllers and shared or made available to each other; \n\t NPC Circular 2021-01: 2021 Rules of Procedure of the NPC , which describes the receipt, investigation, ADR, preliminary conference, adjudication, and all other proceedings before the NPC ; \n\t Joint Administrative Order 22-01, Series of 2022: Guidelines for online businesses reiterating the laws and regulations applicable to online businesses and consumers , which reiterates existing policies, procedures and guidelines that are applicable to online businesses and provides for procedures and remedies that online consumers are entitled to; and \n\t Other recent developments involve government issuances related to COVID-19, such as DOH Joint Memorandum Circular No. 2020-0001 ( Guidelines on the use of telemedicine in COVID 19 response ), which provides for the rules with respect to the receipt of health services while at home and DOH-NPC Joint Memorandum Circular No. 2020-0002 ( Privacy guidelines on the processing and disclosure of COVID-19 related data for disease surveillance and response ), which provides rules governing the collection and processing COVID-19 related data which consists of both personal and sensitive Personal Information \n \n"]