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Help Your Company Comply with the PDPA in Singapore

What is the PDPA Compliance Group?

PDPA Compliance for Singapore

The PDPA Compliance Group is an organization of independent experts in personal data protection. We are professionally trained and committed to helping organisations in Singapore comply with the PDPA.

iSmart Communications is a partner of the PDPA Compliance Group.

PDPA Compliance
ACRA Registration No. 53394982C
10 Anson Road, #26-08, International Plaza, Singapore 079903

What services does PDPA Compliance provide?

The PDPA Compliance Group provides a comprehensive suite of PDPA services:

  1. Data Protection Officer
  2. Prepare Data Protection Policy
  3. Prepare procedures, processes, & practices for PDPA compliance
  4. Staff training on PDPA
  5. Third-party PDPA contract review
  6. Data protection system audit
  7. PDPA Incident management etc.
 


What is PDPA compliance in Singapore?

Singapore Personal Data Protection Act 2012 (PDPA) is a law that governs the collection, use and disclosure of personal data by all organisations.

Organisations in Singapore which fail to comply with PDPA may be fined up to $1 million and suffer reputation damage.

The PDPA covers all electronic and non-electronic personal data, regardless of whether the personal data is true or false.


What is Personal Data?

Personal data is any information that identifies an individual. Different pieces of information, which are collected together can lead to the identification of a particular person, also constitute personal data.


What constitutes a breach of personal data?

A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

 

What is the scope of the PDPA?

The PDPA covers personal data stored in electronic and non-electronic formats. 

It generally does not apply to:

  • Any individual acting on a personal or domestic basis.
  • Any individual acting in his/her capacity as an employee with an organisation.
  • Any public agency in relation to the collection, use, or disclosure of personal data.
  • Business contact information such as an individual’s name, position or title, business telephone number, business address, business email, business fax number, and similar information.

 

 
Organisations are responsible for personal data in their possesion or under their control and are required to comply with these obligations when undertaking activities relating to the collection, use, or disclosure of personal data.
 

Every company in Singapore must appoint a Data Protection Officer (DPO)

Is a DPO mandatory?

Under the Personal Data Protection Act 2012 (PDPA), a Data Protection Officer (DPO) is mandatory when your company/organisation is collecting personal data during its operations. A DPO of your company can be one individual or a team to ensure its compliance with the PDPA of Singapore.

The following are examples of organisations required to appoint a DPO:

  • A hospital processing large sets of sensitive data;
  • A security company responsible for monitoring shopping centres and public spaces;
  • A small headhunting company that profiles individuals.


Who can be a DPO?

A DPO must be competent in data protection, adequately resourced, and report to the highest management level. A DPO can be an existing employee or externally appointed.


What are the roles of a DPO?

The primary role of the Data Protection Officer (DPO) is to ensure that his organisation processes the personal data of its staff, customers, providers, or any other individuals in compliance with the PDPA rules.

Specifically, the responsibilities of a DPO are:

  • Developing and implementing processes and policies for the handling of personal data;
  • Increasing awareness of your staff, customers, and providers of both these data protection policies and your business’ data protection obligations;
  • Handling queries and complaints regarding your business’ protection of personal data;
  • Keeping management informed of any risks to data protection that may arise; and
  • Communicating with the Personal Data Protection Commission (PDPC), where necessary.
 


What is the penalty for any breach of the PDPA?

From 1 October 2022, for any breach of the PDPA, an organisation that breaches the PDPA may face fines of up to: SGD 1 million; or. where the organisation's annual turnover in Singapore exceeds SGD 10 million, 10% of the organisation's Singapore turnover.

Penalties imposed under the PDPA could potentially be more stringent compared to the GPDR, which currently imposes fines of up to €20 million or 4% worldwide turnover, whichever is higher.

The new PDPA also makes it a criminal offence for individuals (including employees) to mishandle personal data or re-identify anonymised information without authorisation. The offence is punishable with an SGD 5,000 and/or imprisonment of up to two years.


Does the PDPA cover B2B databases?

The PDPA does not apply to business contact information, which may include name, business title, corporate telephone numbers, business addresses, and business email addresses.

Such contact information is made publicly available to facilitate commerce and trade. Organisations will not be required to obtain consent prior to collection, use, or disclosure.

In addition, organisations sending business-to-business (B2B) marketing messages through phone calls, SMS, or fax are not required to comply with the Do Not Call provisions.

 
 

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