RHTLaw Taylor Wessing’s Managing Partner Tan Chong Huat shared his views in this week’s topic in the Business Times’ weekly column, Views from the Top. This article was first published in The Business Times on 24 July 2017. "Sorry" - the magic word? Monday, July 24, 2017 THIS WEEK'S TOPIC: Should Singapore consider introducing an apology law? What would be the pros and cons? Tan Chong Huat Managing Partner RHTLaw Taylor Wessing LLP INTRODUCING an apology law in Singapore has its merits as it is likely to facilitate settlements and is consistent with Singapore's policy, as seen by the recently introduced Mediation Act, to promote the use of mediation. Moreover, apology legislation has been enacted in a number of leading common law jurisdictions, such as the United States, the United Kingdom, Canada and Australia. Hong Kong also conducted a comprehensive study before enacting its own apology law. We will therefore have a good base on which to formulate our own apology law. Some issues that will need to be addressed include the definition of an apology, the types of proceedings that the apology law should apply to and the extent of the immunity that will be granted. Ultimately, a well-crafted apology law will help to strengthen Singapore's position as an international dispute resolution services hub in Asia.

RHTLaw Taylor Wessing submitted a response to Singapore infocomm Technology Federation (SiTF) on “Digital Transformation”. The article was first published on Singapore infocomm Technology Federation’s (SiTF) website on 8 June 2017. Digital Transformation Source: Singapore infocomm Technology Federation (SiTF) ©  Date: 8 June 2017 Digital transformation is a process that involves the accelerated evolution of our business model that leverages on digital technology. In today’s world, digital transformation helps us remain relevant, competitive and profitable. In our context, digital transformation is a strategy that will cover four main areas of our business: (a) enhanced engagement within the client ecosystem (b) stream-lining the internal processes (c) innovation (d) scalability 1.  Can you describe RHTLaw Taylor Wessing LLP and how is the firm embracing digital transformation? Legal services are a segment of the professional services sector and it is primed for major disruption.  Advances in technology have made the client or customer a central feature in business. The clutter is no more as clients can now engage and interact directly with businesses and services.  Company incorporation and government services are now available online. Transparency and efficiency is a given and the layering of the various touchpoints has become a matter of history.  The legal services sector faces considerable challenges.  The pressure on fees, the commoditisation of work product and external disruption by law and non-law service providers are some of the growing challenges law firms face in the region. Legal practitioners must adapt to the changing circumstances and embrace technology to bring about disruption to their own practice.  It is no longer true that “if it isn’t broken, don’t fix it”.  Self-disruption is the only way to ensure a law firm’s continued survival. We have long recognised these challenges and embarked on a long-term strategy to force the evolution of our business models and processes.  Being clued in on new technology is essential for this transformation process.  Digital transformation is enabled by new technology.  However, technology isn’t the endgame.  People are. Client insight is an interesting aspect of this transformation process.  Cutting edge technology that will benefit clients counts for nothing if our people are not motivated to change the way we work.   On the other hand, rolling out a fantastic online client engagement tool will fail if we do not understand client behaviour, preferences and needs.  There are reasons why some apps succeed and why some fail miserably. The analysis of data must precede the change.  We cannot undertake the transformation process without an analysis of client behaviour, preferences and needs.  2.  Could you describe your strategy for digital transformation Our strategy for digital transformation encompasses four pillars of execution: enhancing the client experience internal processes continual innovation scalability Enhancing the Client Experience: Client insight is an interesting aspect of this transformation process.  Cutting edge technology that will benefit clients counts for nothing if our people are not motivated to change the way we work.   On the other hand, rolling out a fantastic online client engagement tool will fail if we do not understand client behaviour, preferences and needs.  There are reasons why some apps succeed and why some fail miserably.  What we think should be the client experience can be very different from what the client is inclined to prefer.  The analysis of data must precede this. We cannot undertake the transformation process without an analysis of client behaviour, preferences and needs.  Internal Processes: The internal process is invisible to the client.  For every shift in the client experience transformation, the internal processes will experience change.  Automating processes from submission of expense claims to document generation are the in thing today.  They make processes more efficient and seamless.  Filing systems and document management systems are also made flat to facilitate collaboration across departments.  Changes must be based on the analysis of real data and strategic decisions are made more quickly and in greater detail as a result.  Invariably, the redesign of the operational processes will impact our ability to provide our clients with not only good service but also a great experience. Continual Innovation and Scalability: In today’s world, it is not enough to undertake this exercise on a piecemeal or one-off basis.  There will have to be a cultural revolution to change mindsets.  Innovation must be a continual process with owners constantly thinking of the next best thing.  The business model of the firm will have to evolve; with new service offerings being constantly rolled out using new technology.  New technology must also be scalable in order to have economies of scale.  In the end, there must be the ability to do more with less.  It is key to understand that this is about efficiency, not productivity.  Productivity is about doing more with the same. Recent changes in the legal landscape show that the Singapore government is keen to see law firms evolve to change with the times. This is a move in the right direction. In fact, the legal industry is not the only sector set to embark on a digital transformation; other industries including transport, transportation, hospitality and education are affected as well, from the likes of Uber, Deliveroo, Airbnb and Coursera. 3.  How far ahead is RHTLaw Taylor Wessing LLP in implementing these changes? We’re collecting data.  A customer relationship management system is being put into place to collect client and prospect information into a common database.  Together with our practice management system, we will be able to analyse client trends and behaviours.  We are streamlining our internal processes: from the management of human resources, to expense claims and financial management, to digitising the entire workflow.: We already have in place a document management system and have begun studying our options for document assembly.  We are closely watching the artificial intelligence space for the latest developments. Replacing paper and manual processes with apps and software is the easier part.  It is more challenging dealing with the client ecosystem and understanding how clients want to be engaged.  There is unlikely to be a one-size-fits-all situation.  More sophisticated clients will want a bespoke client experience. To do this, we need to personalise the enhanced client experience to allow us this flexibility.  This aspect of the transformation is still underway. 4. What has been the  impact of Digital Transformation on your organisation? The jury is still out there but we are confident that the strategy that we have developed is the correct one for us.  We hope that the completion of the digital transformation will lead to increased efficiency and will give us a competitive edge in the crowded marketplace.  An enhanced client experience is a unique differentiator in the digital business world.  This transformation will continue over time as technology evolves. Contributed by Arcis Communications (SiTF PR Agency) Courtesy of RHTLaw Taylor Wessing LLP  Published date: 8 Jun 2017

RHTLaw Taylor Wessing’s Intellectual Property & Technology Partner, Jack Ow, was quoted in The Business Times article titled “Cybersecurity Bill seeks to protect critical information infrastructure”.  The article was first published in The Business Times on 11 July 2017. Cybersecurity Bill seeks to protect critical information infrastructure Source: The Business Times © Singapore Press Holdings Ltd. Date: 11 July 2017 Author: Amit Roy Choudhury AS cyberattacks get more sophisticated and widespread, Singapore on Monday unveiled a comprehensive draft Cybersecurity Bill which seeks to protect Singapore's critical information infrastructure (CII), give more powers to the Cyber Security Agency (CSA), ensure proper information sharing during attacks, and introduce a licencing provision to regulate and ensure quality cybersecurity services are available here. The draft bill was released on Monday for public consultations and this process will continue until Aug 3. After changes, if any, it is likely to be tabled in Parliament for first reading by the end of this year. Work on the legislation started in late-2015. Under the bill, owners of CII will have to immediately inform CSA of a breach and share all relevant information. The bill sets out well-defined measures that CII owners need to undertake. These include, among others, providing technical information relating to the CII to CSA, conducting of compliance audits and risk assessments as well as compliance with codes of practice and standards of performance and issued directions (from the regulatory agencies). These measures are expected to be undertaken irrespective of whether there has been a breach or not. For CIIs, wilful non-compliance of duties generally carries a fine of up to S$100,000 and imprisonment of up to two years. These fines are separate from standard fines that are already in place in case of service disruption in CII sectors. The bill will provide CSA with enhanced powers to manage and respond to cybersecurity threats and incidents. In this regard, Section 15A of the current Computer Misuse and Cybersecurity Act (CMCA) provides some existing powers related to cybersecurity. These will be enhanced in the Cybersecurity Bill, and specific powers will be vested in CSA officers to allow them to deal with fast-moving cybersecurity threats and incidents. The bill also seeks to establish a framework for the sharing of cybersecurity information with and by CSA, and the protection of such information. It also seeks to introduce a "lighter-touch" licensing framework for the regulation of selected cybersecurity service providers. For example, licensing the provision of "penetration testing" - where specialists check to see if an IT network has any vulnerabilities by trying to "hack" into the network - and managed security operations centre (SOC) services. The proposed bill will focus on cybersecurity while crimes committed using a computer, such as hacking, will continue to be addressed by the CMCA. The bill is part of Singapore's Cybersecurity Strategy announced by Prime Minister Lee Hsien Loong last year. Singapore's move to table a comprehensive bill mirrors similar efforts being undertaken by several countries around the world which are seeking to enact an omnibus cybersecurity law, such as Germany. CSA chief executive David Koh noted that "currently the legislation or the regulations are disparate". As a result, he added, there are challenges, for example, in the area of information sharing. "This new bill will put everything together and seeks to provide us the capability to facilitate action, both pre-emptive action and reactive action. The focus of the bill is on CII, because these by definition are critical and provide essential services to the country. So it is everyone's interest to protect them," Mr Koh said. The CSA boss added that a need was also felt to facilitate CSA officers so that they would have the ability to respond to threats and facilitate information sharing "because . . . there are other rules which perhaps can be interpreted to prevent information sharing such as privacy rules, banking secrecy rules and others. "The bill is designed to allow information sharing within certain parameters," he added. Mr Koh will hold the position of the Commissioner of Cybersecurity. The Minister-in-charge of Cybersecurity could also appoint a Deputy Commissioner as well as a number of Assistant Commissioners. Talking to The Business Times, Jack Ow, intellectual property & technology partner, RHTLaw Taylor Wessing, noted: "The draft bill is intended to be a broad framework for cybersecurity requirements to be consistently applied across sectors, but yet flexible enough to take into account the unique circumstances of each sector. "In this regard, the requirements in the draft bill, especially the duties on cybersecurity imposed on owners of CII, can be viewed as baseline requirements applicable to all industries, as long as you are considered a 'CII'." Daryl Pereira, head of cybersecurity at KPMG in Singapore, added that the proposed bill, specifically the framework for the protection of CII, "seeks to level the playing field and raise the maturity and preparedness of all sectors in Singapore to a common baseline". "This Cybersecurity Bill will help to form a strong foundation for Singapore to transform itself into a digital economy, powered by innovation and enabled by cybersecurity readiness," Mr Pereira added. Steve Lam, advisory partner, Ernst & Young Advisory, added that the bill served to provide a framework for the protection of Singapore's essential services against cyber-attacks. "If passed in its current state, (the bill) clarifies and sets in law the accountability of the board, senior management and participants in protecting Singapore's national interests across both the public and private sectors."