A new mandatory personal data breach notification requirement was passed by Singapore’s Parliament on 3 November 2020 as part of new amendments to the Personal Data Protection Act 2012 (“PDPA”) and is expected to be implemented by early 2021. New draft guidelines have also been published by the Personal Data Protection Commission (“PDPC”) on the...
Category: Legal Update
COVID-19: Guidance for Employers of Remote-Work Employees in Singapore
Introduction COVID-19 has had an unprecedented impact on employment and human resource management. One area where this has been most pronounced has been in relation to the management of global talent pools. When a relatively small group of countries had initially commenced preventive lockdowns in early 2020, few would have predicted how rapidly this pandemic...
Who you gonna call? Authenticating documents at trial
Introduction In an assignment, a party (an assignor) may transfer its contractual rights to a third party (the assignee). Such an assignment is often given in favour to a bank before the grant of a credit facility. The bank may then seek to enforce the contractual rights of the assignor against its commercial partner. However,...
MOM tightens salary requirements for Employment Passes and S Passes
On 27 August, the Ministry of Manpower (MOM) announced that they would be tightening the salary requirements for Employment Passes (EP) and S Passes. Employment Passes The minimum qualifying salary for EP will be raised from S$3,900 to S$4,500 for all new applicants. In an unprecedented move, the MOM is also introducing a higher qualifying...
A brief overview of mergers and acquisitions (M&A) in Singapore post COVID-19
Introduction Despite headline deals such as Yinson Holdings’ purchase of the majority stake in Ezion Holdings worth US$532 million and the US$8 billion merger between CapitaLand Mall Trust and CapitaLand Commercial Trust, the first quarter of 2020 has seen a decrease of 22.4% in M&A deal value and a 30% decrease in M&A deal count...
Business Interruption Insurance Claims during the COVID-19 Pandemic
Introduction The Covid-19 pandemic and the ensuing lockdown implemented across the globe has wreaked havoc on businesses. Singapore has been no exception. Since April 7, as part of its efforts to curb the spread of Covid-19 and contain the pandemic, the Singapore government has implemented “Circuit Breaker Measures”. This includes the closure of workplace premises...
High Court rules on arbitrability of disputes under the Securities and Futures Act
Synopsis In CA Investment (Brazil) S.A v Eldorado Brasil Celulose S.A. & Ors (Originating Summons No. 169 of 2019, Summons No. 3420 of 2019), unreported (the “OS”), the High Court considered the application of arbitration agreements to disputes under the Securities & Futures Act (Cap 289) (the “SFA”). The Applicant in that case (“CA”) applied...
Insolvency in a time of COVID-19
The Ministry of Law announced on 1 April 2020 that it intends to introduce the COVID-19 (Temporary Measures) Bill (the “Bill”) in Parliament in the week of 6 April 2020 to offer temporary relief to businesses and individuals who might find themselves unable to fulfil their contractual obligations because of COVID-19. Among the measures proposed...
High Court decides first POFMA case
In the case of Singapore Democratic Party v Attorney-General Act 2019 (No. 18 of 2019) [2020] SGHC 25, the High Court made some important observations on the Protection from Online Falsehoods and Manipulation Act (“POFMA”).
Enhanced Penalties for Breach of Fair Consideration Framework
In January 2020, the Ministry of Manpower in Singapore strengthened the Fair Consideration Framework for greater deterrence against workplace discrimination. The Fair Consideration Framework is a set of guidelines issued by the Ministry of Manpower, in its capacity as a regulator of foreign manpower in Singapore. They do not have the power of law, but are...