Member Spotlight: Gardiner Roberts LLP, Canada – Toronto

Every new and existing creation of personal data carries some risk of a possible data breach. Every organisation and data user must have clear policies and procedures for best practices in reporting data breaches and responding to data leakage incidents.

Different jurisdictions have their own criteria or laws governing how organisations should respond to data leak incidents. Most require data users to take all reasonable steps to protect personal data from unauthorized or accidental access, taking into consideration the type of data, potential harm from a breach, and measures to maintain the data's integrity for those who have access to it.

This article provides an overview of the criteria and laws applicable in Globalaw’s Asia Pacific region, including Hong Kong, India, Japan, South Korea, and Taiwan.

Hong Kong

Business operators in Hong Kong are encouraged to voluntarily report data breaches in accordance with the best practices published by the Office of the Privacy Commissioner for Personal Data (PCPD).

Currently, there are no specific criminal penalties for data breaches, although civil liabilities may arise from breaches of contract, confidentiality, and negligence.

The newly enacted Protection of Critical Infrastructures (Computer Systems) Ordinance, expecting to take effect on 1 January 2026, will require the operators of crucial infrastructures in Hong Kong in eight industries — energy, information technology, banking and financial services, air transportation, land transportation, maritime transport, healthcare services, and telecommunications and broadcasting services — to implement security plans and protocols, and report on security incidents. Failure to comply will result in fines ranging from HK$500,000 to HK$5 million.

India

India’s forthcoming Digital Personal Data Protection Act (DPDPA) requires data breaches to be reported promptly to both the Data Protection Board of India and the data principal. If data fiduciaries fail to provide such notice, they could face severe penalties of up to approximately USD 24 million.

Japan

In the event of serious data security breaches in Japan, business operators are required to notify both the Personal Information Protection Commission (JPIPC) and data subjects. The Act on the Protection of Personal Information (APPI) imposes criminal penalties for various improper handling of personal data as well as failure to comply with the JPIPC rectification requests and orders.

South Korea

For any leak of sensitive personal data in South Korea, business operators must notify the Korean Personal Information Protection Commission and the affected data subjects within 72 hours of discovering the leak. Criminal penalties apply to intentional or severe negligence (such as illegal data sales or leaks), along with administrative fines, corrective orders, potential suspension of processing, and public disclosure.

Taiwan

In Taiwan, the Personal Data Protection Act (PDPA) currently requires organisations to notify affected individuals of data breaches only after the relevant facts have been verified. Criminal penalties are imposed for intentional misconduct, with a tiered system of administrative fines for other violations. Notably, proposed amendments to the PDPA announced in March 2025 include increased reporting requirements, and business operators should closely monitor these upcoming changes.

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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.

Building on More Than a Century of Success

Founded in 1906 in Providence, Rhode Island, Hinckley Allen has grown from a regional law firm into a dynamic, multidisciplinary business law powerhouse with offices across Rhode Island, Massachusetts, Connecticut, Florida, Illinois, New Hampshire, and New York.

The firm continues to strategically expand into new locations by attracting and retaining top talent to serve clients across practice areas, industries, and matter complexity. Recently opened offices in Fort Lauderdale and metro St. Louis have quickly become two of the firm’s highest-performing locations, underscoring its forward-thinking approach of aligning its top-tier practices with opportunities in high-growth markets

Focused on Today, Planning for Tomorrow

A full-service business law firm, Hinckley Allen’s core practices include construction and public contracts, corporate and business transactions, litigation, real estate, and trusts and estates. While construction and real estate are foundational, the firm’s capabilities extend into energy, healthcare, technology, manufacturing, sports and entertainment, and international trade. With a strong focus on emerging fields such as AI, cybersecurity, and data protection, Hinckley Allen is well-positioned to help clients address the unique and evolving business challenges they face.

Numerous Hinckley Allen lawyers have been recognized as distinguished leaders, “Go To” lawyers, lawyers to watch, and many practices and lawyers are ranked in Chambers USA, Legal500, Benchmark Litigation. This year the firm earned 100 rankings in the 2026 edition of Best Law Firms, and has been named a Best Places to Work in a number of its geographies.

A Culture of Excellence & Empowerment

“People want to join our firm because we don’t just say we care, we show it through our inclusive, supportive environment and meaningful relationships we build with our clients and colleagues,” said Hinckley Allen Partner John H. Sokul, Jr.

The firm’s guiding principle, ‘Hinckley Allen Cares,’ reflects a deep commitment to supporting and empowering everyone to thrive. This ethos permeates every level of the organization, fostering collaboration and collegiality that lead to better outcomes for both clients and employees. Commitment to groups such as the Diversity, Equity & Inclusion Committee, the Women’s Forum, and Pro Bono Committee demonstrates the firm’s dedication to nurturing a culture where all voices are heard and appreciated.

People Make the Difference

The firm’s greatest asset is its people. Powered by significant growth, Hinckley Allen has preserved and elevated a culture of collaboration and disciplinary excellence that clients experience in every interaction. Its ability to assemble cross-disciplinary teams ensures that complex matters are addressed from every perspective.

“Our firm’s deep bench allows us to bring all types of skillsets to actively solve our clients’ challenges, making us a unique place to seek counsel,” said Sokul.

This approach has led to notable successes, including high-profile litigation wins and major development projects like Rock Row and Tuscan Village, where the firm advised on financing and construction for transformative mixed-use developments.

Globalaw: Connecting for Success Across Borders

Through its membership in Globalaw, Hinckley Allen leverages trusted relationships with legal professionals worldwide to seamlessly assist clients with cross-border business matters.

An example of this is when we had the pleasure of helping an international manufacturing company, CMZ, open its first U.S. office in Massachusetts, thanks to the referral from Moore & Van Allen. Our efforts encompassed leasing, construction, corporate and employment law, as well as navigating the US visa process.

Since joining the network in 2018, the firm has embraced opportunities to collaborate globally, hosting the first post-COVID Globalaw meeting in 2021 and participating in member programs such as the Real Estate initiative.

The appointment of Jessica Y. Wang, Hinckley Allen Partner and NextGen superstar, to Globalaw’s Board of Directors enhances the firm’s influence and connectivity within the network, strengthening its ability to serve clients worldwide.

“Regardless of geography, law firms around the world grapple with remarkably similar issues, challenges, and opportunities,” said Wang. “We regularly seek insight from fellow Globalaw firms to help our clients successfully navigate international business issues.”

To learn more, visit hinckleyallen.com.

Globalaw, a leading network of approximately 80 independent law firms in over 60 countries, is pleased to announce the appointment of four new directors who were elected during the 2025 Globalaw Annual Members Meeting.

Jessica Y. Wang is a partner at Boston-based Hinckley Allen, located in the firm's Providence, Rhode Island office. Jessica’s practise focuses on commercial real estate finance and development. She has extensive experience negotiating and closing acquisitions, construction, permanent and mezzanine loans for various real estate assets. She also advises real estate developers on financing, acquisition, and leasing for complex projects.

Jonathan Cheong is a consultant at Bagus Enrico & Partners in Indonesia. He is a certified and accredited mediator in both the UK and Singapore, specialising in alternative dispute resolution (ADR), with extensive experience in the construction industry. He is an associate of the Chartered Institute of Arbitrators and a member of the Honourable Society of Lincoln’s Inn.

Kenneth M. Silverman is a partner at Olshan Frome Wolosky LLP in New York. Representing domestic and international clients in high-stakes transactions and wide-ranging corporate matters, Ken advises businesses at every stage, from formation and growth through acquisitions and capital raises to exit strategies.

Piergiorgio Mancone is a managing and founding partner at LawaL Legal & Tax Advisory in Rome, Italy. Piergiorgio leads the firm’s finance intermediaries regulation and corporate M&A, private equity, and venture capital departments. He assists banks, asset management firms, and industrial companies with complex and structured transactions.

“We are excited to welcome Jessica, Jonathan, Ken and Piergiorgio to Globalaw’s board,” said Globalaw President Peter J. Brown, Partner at Edwards, Kenny & Bray in Canada. “They bring diverse experience and leadership to complement our ongoing and re-elected directors. Together, they drive our efforts to grow and strengthen the network for the benefit of our members and global clients. We are grateful for the service of our outgoing directors, whose contributions have left a lasting impact on the network’s current and future success.”

Globalaw Board of Directors:

Officers

• President: Peter J. Brown, Partner, Edwards, Kenny & Bray
• President-Elect: David DeBenedetti, DeBenedetti Majewski Szczesniak
• Oliver Foerster, Huth Dietrich Hahn
• Julia Holden Davis, Gunster
• Bryan C. Birkeland, Jackson Walker LLP
• Michael Y. Lateef, Hanson Bridgett LLP
• Clay Hix, Hill, Farrer & Burrill LLP
• Arveen Arabshahi, Davidson Chalmers Stewart LLP
• Michael Hatchwell, Gunnercooke

Directors

• José Luis Gutiérrez-Azpe, Ramírez, Gutiérrez-Azpe, Rodríguez-Rivero y Hurtado, S.C.
• Talal El Makkawi, Apex Juris Advocates & Legal Consultants
• Oussama Fraikech, Fraikech Associés
• Bahar Ulgen, Bener Law Office
• Anthony Yang, Stellex Law Firm
• Maria Romero (as GLP Advisory Director), Gunster
• Jonathan Cheong, Bagus Enrico & Partners
• Ken Silverman, Olshan Frome Wolosky
• Jessica Wang, Hinckley Allen
• Piergiorgio Mancone, LawaL Legal & Tax Advisory

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About Globalaw

Founded in 1994, Globalaw is a global band one Chambers-ranked leading network of approximately 80 independent law firms and 4,000 lawyers in over 60 countries. Our mission is to foster seamless legal collaboration among member firms and assist them in delivering high-quality, cost-effective solutions to their clients worldwide. We take pride in our commitment to excellence, global reach, and innovative approach to legal services. Visit www.globalaw.net to learn more.

November 25, 2025 – Globalaw, a leading network of approximately 80 independent law firms in over 60 countries, announces that its charitable arm, the Globalaw Foundation, presented a donation of $5,000 to IDIA during the 2025 Globalaw Annual Members Meeting (GLAMM). Hosted by Ahlawat & Associates, the event took place November 18-23, 2025, in New Delhi, India.

IDIA is a national non-profit that empowers underprivileged and marginalised students to pursue legal education, with the aim of creating community leaders and change agents within the legal system. Addressing GLAMM attendees, CEO Sabah Mistry expressed her thanks and support for Globalaw’s commitment to improving access to legal education and justice worldwide.

“Globalaw’s contribution to IDIA reinforces the foundation’s commitment to improving access to legal education and justice worldwide,” said Peter J. Brown, Globalaw President and Partner at Edwards, Kenny & Bray. “We are thankful to IDIA CEO Sabah Mistry for sharing the benefits and importance of the organisation’s work, and for the generous donations of our members to make this meaningful impact in our community.”

Donating to local charities is a key component of Globalaw’s event programming, during which representatives from selected nonprofits are also invited to meet and network with Globalaw member firms, helping them raise awareness of their organisations and build ongoing connections and engagement.

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About The Globalaw Foundation The Globalaw Foundation supports community organizations focused on helping young people access legal education and increasing access to justice for those who would otherwise be denied it for financial or other reasons. The foundation is funded through donations from Globalaw member firms and funds raised at Globalaw events. Visit www.globalaw.net for more information.

About Globalaw Founded in 1994, Globalaw is a global band one Chambers-ranked leading network of approximately 80 independent law firms and 4,000 lawyers in over 60 countries. Our mission is to foster seamless legal collaboration among member firms and assist them in delivering high-quality, cost-effective solutions to their clients worldwide. We take pride in our commitment to excellence, global reach, and innovative approach to legal services. Visit www.globalaw.net to learn more.