In more detail
Registration of data processing systems and data protection officers
The Circular mandatorily requires personal information controllers and personal information processors operating in the country to register their respective DPS and DPO if they meet any of the following criteria:
- Employs at least 250 employees
- Processes sensitive personal information of at least 1,000 individuals
- Processes personal information that will likely pose a risk to the rights and freedom of data subjects
Other businesses that do not meet any of the above criteria should still submit a declaration and undertaking for exemption.
For more details on the Circular, please refer to our client alert found here.
Compliance checks
It was also reported that an on-the-spot privacy sweep was conducted at a certain mall establishment on 15 May 2024. As a result, 65 mall tenants were found to be unregistered with the NPC.
The NPC undertakes to continue to issue mission orders for the conduct of compliance checks on businesses throughout the Philippines, to ensure compliance with registration requirements under the Circular.
Show cause orders and administrative fines
Finally, the NPC warned that it will relentlessly enforce the DPA by issuing show cause orders to unregistered businesses.
Businesses that fail to comply with the registration requirements under the Circular despite the notice may be subjected to administrative fines, as provided under NPC Circular No. 2022-01 (Guidelines on Administrative Fines).
Recommended actions
Clients that are covered by the mandatory registration requirement are advised to register their DPS and DPO using the NPC Registration System portal. Proof of such registration, i.e., the seal of registration and QR code, must be obtained as soon as possible. On the other hand, clients that do not meet the registration threshold are advised to submit a sworn declaration and/or undertaking for exemption to the NPC.
The full NPC press release may be accessed here.
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Please contact QTInfoDesk@quisumbingtorres.com for inquiries.
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