Highlights from GLAMM 2025 in New Delhi

With the proliferation of data created each day across internet browsers, social media, digital transactions, streaming, logins, and other channels, many data subjects are uncertain about their data privacy rights: can they be forgotten?

While many countries in the Asia Pacific region follow jurisdictional directives that personal data shouldn’t be kept for longer than necessary for the fulfilment of the purpose for which the data is used, there are some variations in how each jurisdiction handles the “right to be forgotten.” There are also precedent cases and judicial pronouncements that address the “right to erasure” of personal data.

This article provides an overview of the “right to be forgotten” in countries within Globalaw’s Asia Pacific region, including Hong Kong, India, Japan, South Korea, and Taiwan.

Hong Kong

Although there is no explicit “right to be forgotten” in Hong Kong, under the Personal Data (Privacy) Ordinance, data users must ensure personal data is retained only as long as necessary and generally must take reasonable steps to delete the personal data they hold when it is no longer needed, unless statutory exemptions apply.

India

There is no clear statutory provision; the Indian courts have recognized the “right to be forgotten” in some judicial pronouncements.

The Indian judiciary has also attempted to clarify the distinction between “right to be forgotten” and the “right to erasure” in its court decisions.

Further, the forthcoming Digital Personal Data Protection Act (DPDPA) will provide for a statutory “right to erasure” (unless the statutory restrictions apply).

Japan

While Japan does not have an explicit “right to be forgotten," the Act on the Protection of Personal Information (APPI) recognises the right of data subjects to correct, add, or delete their personal data when it is inaccurate.

South Korea

Data subjects in South Korea have the right to access, correct, delete, and suspend the processing of their data, as well as the right to withdraw their consent. Although there is no explicit “right to be forgotten,” it is increasingly recognised in practice as a separate right from the general deletion right.

In common practice, business operators in South Korea often establish a defined retention period and periodically re-request consent.

Taiwan

In Taiwan, although there is no explicit “right to be forgotten,” similar protections are provided under the Personal Data Protection Act (PDPA) through various data subject rights, including rights to access, correct, delete data, and demand the cessation of data processing and use.

In practice, certain Taiwan courts have interpreted constitutional principles of informational self-determination and privacy to support this right, balancing individual rights against public interest when assessing removal requests, thus adapting to emerging digital privacy challenges.

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This article is part of a series by our Globalaw APAC Data Privacy & Protection Taskforce members.

Globalaw’s APAC Data Privacy & Protection Taskforce comprises 15 law firms in the Asia-Pacific region with specialized expertise in advising international companies on how to implement and manage a multijurisdictional data protection program.

Taskforce member firms combine a strategic, business-minded approach with cross-border collaboration to help clients build and maintain sophisticated and resilient data practices, effectively mitigate and respond to incidents, and provide sophisticated representation to resolve disputes or regulatory investigations.

Explore the Globalaw APAC Data Privacy & Protection Taskforce brochure for more information and regional contacts.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Information, including laws and statutes, cited are subject to change and is accurate as of 30 June 2025, but readers should verify such current status. We and our member firms shall not be held liable for any loss and/or damage incurred by any person acting as a result of the information contained in this article. Reliance on this content is at the reader’s own risk, and no attorney-client relationship is formed by reading or acting upon this article. Always seek professional legal counsel to ensure compliance with applicable laws and regulations.

Globalaw is pleased to announce that Pino Elizalde Abogados has joined the network! Based in Guayaquil, Ecuador, Pino Elizalde is a forward-thinking law firm known for its innovative legal strategies and client-focused approach. With a commitment to excellence, the firm leverages cutting-edge methodologies to deliver tailored legal solutions across diverse practise areas:

• Administrative and Constitutional Law
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• Insurance and Reinsurance
• Intellectual Property and Personal Data Protection
• Oil, Mining and Natural Resources
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• Banking Law and Capital Market
• Telecommunications
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Recognized by leading legal and business directories, including Chambers and Partners, The Legal 500, Latin Lawyer, IFLR1000, ITR World Tax, and Leaders League, Pino Elizalde strengthens Globalaw’s presence in Latin America and enhances our collective ability to deliver seamless, cross-border legal services.

We are excited to collaborate with Pino Elizalde and look forward to the value they will bring to our global community. For more information, visit www.pinoelizalde.com.

Global Reach, Boutique Approach

Founded in 1993 by Jordi Font Bardía, Barcelona-based FONT & YILDIZ has grown into a distinguished boutique law firm. With a foundation rooted in tax law, the firm has broadened its expertise to encompass a wide array of legal services, including commercial and corporate law, strategic consulting, and international investment advice. Since its inception, FONT & YILDIZ has been committed to delivering high-level legal and economic counsel to both domestic and international clients.

Expertise Spanning Borders and Industries

FONT & YILDIZ offers a robust portfolio of legal and financial services tailored to meet the complex needs of both domestic and international clients. With a deep understanding of the Spanish and global business markets, the firm provides strategic guidance across multiple sectors, ensuring clients receive comprehensive, high-quality support at every stage of their operations.

• Tax Advisory: Providing guidance on financial operations for companies of all sizes, both nationally and internationally. The firm is especially skilled at defending clients during tax audits and managing claims and appeals in court.
• Corporate and Commercial Law: Offering expert advice on corporate transactions, group restructurings, and contract drafting, with a strong focus on mergers and acquisitions (M&A).
• International Expansion and Investment: Helping Spanish companies grow internationally and supporting foreign investors entering the Spanish market, especially in Catalonia.
• Real Estate and Development: Advising on property acquisitions and real estate investments.
• Litigation and Compliance Services: Bookkeeping, accounting, and payroll compliance.

A Culture of Excellence

At the core of FONT & YILDIZ is a corporate culture that values technical expertise, a global outlook, and a dedication to excellence. The firm emphasizes ethics, quality, innovation, and empathy, operating with the hallmarks of a boutique practice: specialization, direct accountability, and personalized service.

Distinguishing Characteristics

FONT & YILDIZ distinguishes itself through its specialized expertise in tax and corporate law, its strategic approach to international business, and its multilingual team fluent in Spanish, Catalan, English, French, Turkish, and Portuguese. This linguistic diversity allows the firm to serve a wide-ranging international client base, especially from Turkey and Latin America.

Since Axel Yildiz joined the firm, he has strategically implemented a one-stop shop approach, thanks to his understanding of the profession as one that must provide comprehensive 360º legal services. This model combines legal, tax, and economic advisory expertise to deliver full-service support for complex and cross-border operations. Notably, Jordi Font Bardía brings valuable experience from his previous role as a Financial and Tax Inspector, enhancing the firm’s audit and litigation capabilities.

Globalaw Membership: Expanding Horizons

As a proud member of Globalaw for over 15 years, FONT & YILDIZ actively participates in the network’s Business Development Committee. The firm leverages this global alliance to connect clients with trusted legal partners worldwide, promoting international growth and cross-border collaboration.

Through Globalaw, FONT & YILDIZ offers clients access to a network of law firms that share its commitment to excellence and global service standards.

For more information about FONT & YILDIZ, visit www.fontyildiz.com.

While obtaining informed and voluntary consent from data subjects, organisations should clearly state the reasons for collecting the data, how it will be handled, and how it will be used.

Being transparent with subjects about data collection and use is especially important as data creation has proliferated across social media, streaming, digital transactions, smart devices, logins and other identifying information on search browsers, and the rise of AI and metadata in files.

In practice, the manner in which informed and voluntary data subject consent is conducted may vary from jurisdiction to jurisdiction.

This article explores guidelines and best practices for informing data subjects and obtaining voluntary consent in countries within Globalaw’s APAC region, including Hong Kong, India, Japan, South Korea, and Taiwan.

Hong Kong

In Hong Kong, where the governing body is the Office of the Privacy Commissioner for Personal Data (PCPD), a data user must expressly inform the data subject of the purpose for which the data is to be used on or before collection of the data.

Provision of personal data pursuant to such information by the data subject shall be deemed sufficient consent, which is implied.

However, new consent from the data subject is required if such personal data shall be used for a new purpose. For example, changing policies to begin sharing data with a third-party partner for direct marketing.

For cross-border transfers, the Personal Data (Privacy) Ordinance stipulates, among other requirements, that the data subject must also provide written consent specifically; however, this requirement has not yet come into effect.

India

In India, where the governing body is the country’s Ministry of Electronics and Information Technology (MeitY), principal data subject consent should be free, specific, informed, unconditional and unambiguous.

Also, while seeking consent from data principals, a notice must be displayed informing them about: (i) the personal data and the purpose for which the same has been processed; (ii) the manner in which they may exercise their rights; and (iii) the manner in which the data principal may make a complaint to the board. These basic requirements also apply to consent for cross-border transfer of personal information.

Japan

In Japan, where the governing body is the country’s Personal Information Protection Commission, business operators must clearly outline the purpose of data collection and obtain specific consent for the cross-border transfer of personal information, with certain exceptions.

South Korea

In South Korea, where the governing body is the country’s Personal Information Protection Commission, informed and voluntary consent is essential for collecting and using personal data, unless a legal exception applies.

Additionally, consent for collection, third-party provision, and cross-border transfers must be obtained separately and clearly distinguished.

Since March 2023, amendments have expanded the grounds for data collection to include cases necessary for fulfilling contracts or implementing measures requested by data subjects during the contract formation process. The practical application of these changes continues to develop and adapt.

Taiwan

In Taiwan, where the Taiwanese government is in the process of forming the Personal Data Protection Commission, organisations must expressly inform data subjects when collecting personal data.

Organisations must detail the purposes of collection, types of data, usage scope (including duration, geography, territory, and methods), data subject rights, and consequences of non-disclosure, unless exempt by law. When collection involves planning for cross-border transfers, intended overseas jurisdictions should also be specified.

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This article is part of a series by our Globalaw APAC Data Privacy & Protection Taskforce members.

Globalaw’s APAC Data Privacy & Protection Taskforce comprises 15 law firms in the Asia-Pacific region with specialized expertise in advising international companies on how to implement and manage a multijurisdictional data protection program.

Taskforce member firms combine a strategic, business-minded approach with cross-border collaboration to help clients build and maintain sophisticated and resilient data practices, effectively mitigate and respond to incidents, and provide sophisticated representation to resolve disputes or regulatory investigations.

Explore the Globalaw APAC Data Privacy & Protection Taskforce brochure for more information and regional contacts.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Information, including laws and statutes, cited are subject to change and is accurate as of 30 June 2025, but readers should verify such current status. We and our member firms shall not be held liable for any loss and/or damage incurred by any person acting as a result of the information contained in this article. Reliance on this content is at the reader’s own risk, and no attorney-client relationship is formed by reading or acting upon this article. Always seek professional legal counsel to ensure compliance with applicable laws and regulations.