Heart Of The Matter - A Podcast On Legal Developments From Around The World

David Swain, Partner at Lewis Silkin joins me in this episode to discuss the Hong Kong's Personal Data Privacy Ordinance (PDPO) Amendment Bill that was passed in September. He explains why this bill represents a significant milestone for Hong Kong's privacy laws and how much of this will impact businesses. To find out more about Data Privacy Laws in Hong Kong, please visit https://www.lewissilkin.com/hk

David Swain is a partner at Lewis Silkin and the Head of Intellectual Property in Hong Kong and Asia-Pacific. Having studied Biochemistry at Imperial College and Entrepreneurship, Science & Technology at the University of Nottingham before converting to law, David started his legal career mainly advising in relation to pharmaceutical/medical device patent litigation, before moving to Hong Kong to concentrate on non-contentious IP issues and data privacy.

His practice involves working with multi-national and national clients on a range of cross-border and local non-contentious IP issues in relation to commercial/transactional IP matters including complex licensing, assignment, manufacturing, service, and distribution agreements, and the IP aspects of corporate transactions (including IP due diligence and stock exchange listings) in a range of sectors including energy and infrastructure, entertainment, fashion, financial services, food and beverage, information technology (including software, e-commerce, and gaming). In particular, his training and experience has made him one of the rare lawyers to have key and valuable expertise in the life sciences sector.

David also advises on a variety of personal data matters, including general personal data/privacy matters, privacy policy documents, terms of business, performing audits, and handling data breaches.

David is a member of the Licensing Executives Society (LES) where he has been a Council Member of the Hong Kong Sub-Chapter since 2017, was the Chair of the Organising Committee for LES’ inaugural Asia-Pacific Young Members Congress (YMC) in Hong Kong (2018), and is currently the Chair of the YMC.

He is dual-qualified as a Solicitor in England and Wales and Hong Kong.

Catherine Leung joins me in this episode to talk about the conditions of employment regarding vaccinations and whether an employer can require employees to be vaccinated and whether they have the right to refuse to hire employees who aren't vaccinated. We also discuss the current travel restrictions in Hong Kong and how businesses are managing them.

To find out more about employment law issues in Hong Kong relating to COVID 19, please visit https://www.lewissilkin.com/en/cmi/international/asia-pacific/hong-kong

Catherine is a partner at Lewis Silkin and has been practicing law in Hong Kong since 2006. Catherine specializes in employment law because of the people element of the law, and it is an area where she feels that she could make a positive impact in the workplace.

She enjoys working closely with legal, HR and senior executives to provide practical and strategic advice on a full range of employment law issues. She also advise clients in relation to investigations brought by the Labour Department and the Equal Opportunities Commission. Much of her work contains international elements, and she work closely with colleagues in the Ius Laboris network firms across Asia Pacific on regional employment law projects and navigates clients through complex cross-border issues.

As a result of Covid-19, there was a significant economic decline in Hong Kong, with some businesses forced to close their doors or reduce their trading and services. The Hong Kong Government tried to ease the pressure put on businesses by introducing the Employment Support Scheme last year with the aim of helping employers retain their workforce and reduce redundancies; however, that scheme only lasted 6 months and, while helpful, did not solve the longer term issues faced by businesses.  

The unemployment rate in Hong Kong has declined from 5% to 4.7% in recent months - the lowest level since March 2020 - and the economy is expected to grow by 6.5% this year, which is positive news and may indicate that the economy is slowly improving in Hong Kong. For many companies, however, the impact of the pandemic means that this slow recovery is not enough, and they must now consider restructuring their workforce to get back on track.

Those companies facing this challenge will undoubtedly have a number of questions. The first question to ask is whether a company can make redundancies if it is still a going concern.

From the processes to the costs, Kathryn Weaver of Lewis Silkin talked to me about redundancy procedures in Hong Kong. 

For more information about HK employment law, please visit https://www.lewissilkin.com/hk

In this episode, Janna joins me to talk about which governing body does data privacy fall under,
what are the enforcement powers of the national regulators and what sanctions and remedies are available for non-compliance with data privacy laws.

Please visit https://www.divinalaw.com/ to find out more about the data privacy laws in the Philippines.

Atty. Janna Mae B. Tecson is a Senior Associate at DivinaLaw.

Her practice areas are Corporate & Special Projects, Banking and Finance, Mergers & Acquisitions, Tax & Estate Planning, Data Privacy Law, Intellectual Property, Immigration & Naturalization, E-Commerce & Technology, Corporate Litigation.

She is a former Corporate Legal Counsel for SteelAsia Manufacturing Corporation and a former Junior Associate at Angara Abello Concepcion Regala and Cruz Law Offices. Currently, she teaches at the University of Santo Tomas- Faculty of Civil Law and Philippine Christian University College of Law.

Atty. Janna obtained her Bachelor of Laws from San Beda College of Law, and she has degree in Bachelor of Public Administration from the University of the Philippines, where she graduated cum laude.

How far-reaching are the amendments to the Data Privacy Act in The Philippines? What does this mean for the international transfer of data for businesses?

Janna Mae B. Tecson answers these questions for me during our conversation in this podcast.

Please visit https://www.divinalaw.com/ to find out more about the data privacy laws in the Philippines.

Atty. Janna Mae B. Tecson is a Senior Associate at DivinaLaw.

Her practice areas are Corporate & Special Projects, Banking and Finance, Mergers & Acquisitions, Tax & Estate Planning, Data Privacy Law, Intellectual Property, Immigration & Naturalization, E-Commerce & Technology, Corporate Litigation.

She is a former Corporate Legal Counsel for SteelAsia Manufacturing Corporation and a former Junior Associate at Angara Abello Concepcion Regala and Cruz Law Offices. Currently, she teaches at the University of Santo Tomas- Faculty of Civil Law and Philippine Christian University College of Law.

Atty. Janna obtained her Bachelor of Laws from San Beda College of Law, and she has degree in Bachelor of Public Administration from the University of the Philippines, where she graduated cum laude.

There have been some significant changes to the Data Privacy Act in The Philippines, Janna Mae B. Tecson joined to discuss the amendment businesses need to particular attention to, tips
for businesses looking to stay compliant with the amendments and why did the Employers Confederation of the Philippines request to suspend data privacy rules for contact tracing?

Please visit https://www.divinalaw.com/ to find out more about the data privacy laws in the Philippines.

Atty. Janna Mae B. Tecson is a Senior Associate at DivinaLaw.

Her practice areas are Corporate & Special Projects, Banking and Finance, Mergers & Acquisitions, Tax & Estate Planning, Data Privacy Law, Intellectual Property, Immigration & Naturalization, E-Commerce & Technology, Corporate Litigation.

She is a former Corporate Legal Counsel for SteelAsia Manufacturing Corporation and a former Junior Associate at Angara Abello Concepcion Regala and Cruz Law Offices. Currently, she teaches at the University of Santo Tomas- Faculty of Civil Law and Philippine Christian University College of Law.

Atty. Janna obtained her Bachelor of Laws from San Beda College of Law, and she has degree in Bachelor of Public Administration from the University of the Philippines, where she graduated cum laude.

Janna Mae B. Tecson joins the podcast to talk about the current digital landscape in The Philippines. We talk about the proposed amendments in the Data Privacy Act and whether or not the amendments are doing enough to keep The Philippines up to date with the current digital landscape. Please visit https://www.divinalaw.com/ to find out more about the data privacy laws in the Philippines.

Atty. Janna Mae B. Tecson is a Senior Associate at DivinaLaw.

Her practice areas are Corporate & Special Projects, Banking and Finance, Mergers & Acquisitions, Tax & Estate Planning, Data Privacy Law, Intellectual Property, Immigration & Naturalization, E-Commerce & Technology, Corporate Litigation.

She is a former Corporate Legal Counsel for SteelAsia Manufacturing Corporation and a former Junior Associate at Angara Abello Concepcion Regala and Cruz Law Offices. Currently, she teaches at the University of Santo Tomas- Faculty of Civil Law and Philippine Christian University College of Law.

Atty. Janna obtained her Bachelor of Laws from San Beda College of Law, and she has degree in Bachelor of Public Administration from the University of the Philippines, where she graduated cum laude.

We take a look at the Respect@Work: Sexual Harassment National Inquiry Report (2020) and the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 in Australia. Katie Williams joins me to discuss how effective these recent reports and bills are in tackling sexual harassment in the workplace.

To find out more please visit

https://www.pinsentmasons.com/what-we-do/your-people/diversity-inclusion-consulting#3


Justine has extensive experience as an HR leader gained over 25-years working with leading organisations in the financial, retail and professional services sectors. She has specialised in leading international HR strategies through transformation and has a proven track record both as an HR leader in complex, multi-stakeholder environments and in managing organisational structural and cultural change including:

Head of Human Resources roles for Barclays in UK, Italy and Republic of Ireland
Head of Human Resources for Westpac Commercial Bank, Australia

Today Justine leads Brook Graham at Pinsent Masons Vario for Asia Pacific. A dedicated diversity and inclusion consultancy business with over 15 years experience in helping organisations realise the benefits of embracing diversity, in 2017 Brook Graham became part of Pinsent Masons. Justine is a regular speaker in the area of diversity and inclusion. She has lived, studied and worked across UK, Continental Europe and Asia Pacific and has led the implementation of the D&I strategy across a number of businesses including initiating a European Diversity Council at Barclays Bank and being part of the team to achieve 50% Women in Leadership at Westpac Bank.

Externally Justine held a role on the Executive Board of Women in Banking & Finance UK & Ireland in 2012 – 2013, and chaired the Australian HR Institute’s (AHRI) Diversity Network NSW for 3 years. Justine is a member of the AHRI NSW State Council and an appointed AHRI Awards Judge.

Other experience/qualifications

Justine holds a BA (Hons) degree in Business Studies & Information Technology and a Masters in HR Leadership. She is a Fellow of the Chartered Institute of Personnel & Development, a Certified Fellow of the Australian HR Institute and a qualified Coach/Mentor from the CIPD Advanced Certificate.

Katie has specialised in employment law for over twenty years. A trusted adviser across the full range of people issues, Katie’s expertise includes contract and policy formulation, resolution of workplace disputes, restructuring and business transformation. Formerly a Partner for Pinsent Masons in the UK and Head of the Aberdeen Office, Katie moved to Perth in 2018 to lead the employment team in Australia. She has been working closely with Justine Cooper of Brook Graham since her relocation, helping clients to realise the challenges and opportunities of achieving diverse and inclusive workforces.

Katie stepped down from the partner role so that she could focus on key areas that are her passion. She now works as a Consultant providing integrated legal and consultancy services alongside Brook Graham. In addition, Katie advises clients on the social dimensions of sustainability, which include modern slavery, whistle-blowing, anti-discrimination and equity. Katie is also undertaking post-graduate study in social impact.

What role does corporate culture play in tackling sexual harassment? I am joined by Justine Cooper and Katie Williams of Pinsent Masons to discuss why it is important for companies to invest in positive corporate cultures and what ingredients are needed to make this a success. To find out more please visit

https://www.pinsentmasons.com/what-we-do/your-people/diversity-inclusion-consulting#3

Justine has extensive experience as an HR leader gained over 25-years working with leading organisations in the financial, retail and professional services sectors. She has specialised in leading international HR strategies through transformation and has a proven track record both as an HR leader in complex, multi-stakeholder environments and in managing organisational structural and cultural change including:

Head of Human Resources roles for Barclays in UK, Italy and Republic of Ireland
Head of Human Resources for Westpac Commercial Bank, Australia

Today Justine leads Brook Graham at Pinsent Masons Vario for Asia Pacific. A dedicated diversity and inclusion consultancy business with over 15 years experience in helping organisations realise the benefits of embracing diversity, in 2017 Brook Graham became part of Pinsent Masons. Justine is a regular speaker in the area of diversity and inclusion. She has lived, studied and worked across UK, Continental Europe and Asia Pacific and has led the implementation of the D&I strategy across a number of businesses including initiating a European Diversity Council at Barclays Bank and being part of the team to achieve 50% Women in Leadership at Westpac Bank.

Externally Justine held a role on the Executive Board of Women in Banking & Finance UK & Ireland in 2012 – 2013, and chaired the Australian HR Institute’s (AHRI) Diversity Network NSW for 3 years. Justine is a member of the AHRI NSW State Council and an appointed AHRI Awards Judge.

Other experience/qualifications

Justine holds a BA (Hons) degree in Business Studies & Information Technology and a Masters in HR Leadership. She is a Fellow of the Chartered Institute of Personnel & Development, a Certified Fellow of the Australian HR Institute and a qualified Coach/Mentor from the CIPD Advanced Certificate.

Katie has specialised in employment law for over twenty years. A trusted adviser across the full range of people issues, Katie’s expertise includes contract and policy formulation, resolution of workplace disputes, restructuring and business transformation. Formerly a Partner for Pinsent Masons in the UK and Head of the Aberdeen Office, Katie moved to Perth in 2018 to lead the employment team in Australia. She has been working closely with Justine Cooper of Brook Graham since her relocation, helping clients to realise the challenges and opportunities of achieving diverse and inclusive workforces.

Katie stepped down from the partner role so that she could focus on key areas that are her passion. She now works as a Consultant providing integrated legal and consultancy services alongside Brook Graham. In addition, Katie advises clients on the social dimensions of sustainability, which include modern slavery, whistle-blowing, anti-discrimination and equity. Katie is also undertaking post-graduate study in social impact.

To kick off this new series on sexual harassment, I am joined by Justine Cooper and Katie Williams of Pinsent Masons to discuss the myths of sexual harassment and why working on change and culture is the key in this battle. To find out more please visit

https://www.pinsentmasons.com/what-we-do/your-people/diversity-inclusion-consulting#3

Justine has extensive experience as an HR leader gained over 25-years working with leading organisations in the financial, retail and professional services sectors. She has specialised in leading international HR strategies through transformation and has a proven track record both as an HR leader in complex, multi-stakeholder environments and in managing organisational structural and cultural change including:

Head of Human Resources roles for Barclays in UK, Italy and Republic of Ireland
Head of Human Resources for Westpac Commercial Bank, Australia

Today Justine leads Brook Graham at Pinsent Masons Vario for Asia Pacific. A dedicated diversity and inclusion consultancy business with over 15 years experience in helping organisations realise the benefits of embracing diversity, in 2017 Brook Graham became part of Pinsent Masons. Justine is a regular speaker in the area of diversity and inclusion. She has lived, studied and worked across UK, Continental Europe and Asia Pacific and has led the implementation of the D&I strategy across a number of businesses including initiating a European Diversity Council at Barclays Bank and being part of the team to achieve 50% Women in Leadership at Westpac Bank.

Externally Justine held a role on the Executive Board of Women in Banking & Finance UK & Ireland in 2012 – 2013, and chaired the Australian HR Institute’s (AHRI) Diversity Network NSW for 3 years. Justine is a member of the AHRI NSW State Council and an appointed AHRI Awards Judge.

Other experience/qualifications

Justine holds a BA (Hons) degree in Business Studies & Information Technology and a Masters in HR Leadership. She is a Fellow of the Chartered Institute of Personnel & Development, a Certified Fellow of the Australian HR Institute and a qualified Coach/Mentor from the CIPD Advanced Certificate.

Katie has specialised in employment law for over twenty years. A trusted adviser across the full range of people issues, Katie’s expertise includes contract and policy formulation, resolution of workplace disputes, restructuring and business transformation. Formerly a Partner for Pinsent Masons in the UK and Head of the Aberdeen Office, Katie moved to Perth in 2018 to lead the employment team in Australia. She has been working closely with Justine Cooper of Brook Graham since her relocation, helping clients to realise the challenges and opportunities of achieving diverse and inclusive workforces.

Katie stepped down from the partner role so that she could focus on key areas that are her passion. She now works as a Consultant providing integrated legal and consultancy services alongside Brook Graham. In addition, Katie advises clients on the social dimensions of sustainability, which include modern slavery, whistle-blowing, anti-discrimination and equity. Katie is also undertaking post-graduate study in social impact.