Overseas hosting
8. Are there any restrictions under local data protection laws that would impact the overseas hosting of data?

Under the draft amendments to the Regulations Governing Internal Operating Systems and Procedures for the Outsourcing of Financial Institution Operation, in addition to the above-mentioned approval requirement applicable to material systems for consumer banking business, the following restrictions apply where a cloud service provider hosts financial institutions' data in a data center outside Taiwan:

  • Financial institutions should retain the right to designate the location of the processing and storage of customers' data
  • The local data protection regulations in the relevant jurisdiction should not be more lenient than those of Taiwan
  • Backups of customers' data shall be retained in Taiwan

Moreover, the Financial Supervisory Commission may restrict or prohibit cross-border transmission of personal data under Article 21 of the Personal Data Protection Act.