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EBC0033 Legal Whitepaper Nov 2015
- 1. ETHOS BEATHCHAPMAN
R E D E F I N I N G E X E C U T I V E R E C R U I T M E N T
Bridging the Information
Privacy Talent Gap
© BeathChapman Pte Ltd 2015 Page 01
Privacy concerns will continue to exist where sensitive
information is collected and stored be it in digital form
or otherwise. The challenge, then, in data privacy is to
share data while protecting personally identifiable
information. Organisations have invested and recruited
well in the fields of data security and information security
software and hardware to address this issue. However,
living in an increasingly global world means that the legal
framework will continue to change to mirror privacy
regulations in the US and EU.
We live in an increasingly globalised world, hence,
changes in the EU and American data privacy framework
will have a knock on effect on APAC and Singapore. As
the laws and regulations related to global data protection
are constantly changing, organisations continue to find
room for legal talent in data privacy to keep abreast of
any changes in the law and continually reassess internal
compliance with data privacy and security regulation
considerations. With the changes in regulation, this
leads to demand in data privacy legal candidates as
companies will be keen to stay ahead.
BeathChapman continues to see lead specialist
(employment and data privacy) Legal positions coming
into the Singapore and Hong Kong market as a result of
changing regulations; with the most recent one in
Singapore being the Personal Data Protection Act
(PDPA) that many companies have been concerned
with for the past year. The IT and internet/new media
industry stand out as some of the larger employers in
the market. They typically demand lawyers from the
industry with strong drafting and data privacy knowledge
to the ability to negotiate complex customer agreements.
Singapore passed the PDPA in January 2013 and
organisations across industries operating here were
required to comply by July 2014. The bill aims to prevent
private organisations from misusing personal data, and
will be enforced by a regulatory body and financial
penalties. One year on, this continues to have a significant
impact on the Singapore legal and compliance space
today.
As a recap, there are two key components to the
Singapore PDPA:
• ‘Do-Not-Call’ registry:
Signing up allows members of the public to block
telemarketing calls, SMS’s and faxes.
• Personal Data Protection Commission (PDPC):
An enforcement agency tasked with regulating the
management of personal data by businesses and
imposing financial penalties when organisations do
not abide by the new regulations. Companies found
to have violated the data protection rules may be
fined up to $10,000 per customer complaint, or if
an organisation is found to be non-compliant, the
PDPC may impose a maximum financial penalty of
$1 million on the errant organisation.
The severe financial penalties act as a deterrence and
reminder to organisations to the extent where this could
potentially become a boardroom issue. With PDPA
becoming a well publicised issue, there is real danger
for companies suffering damage to their brand and
reputation if not seen to be proactive or at least complaint
with it. Consumers today are more likely to see through
clever advertising campaigns and promotions. Their
buying behaviour is likely to be influenced by their
At BeathChapman, our Legal desk focuses on helping our broad range of clients find the right talent for
their in-house function. With the onset of new media and rapidly evolving privacy laws, there is clearly
demand for these skill sets. With the regulatory environment becoming more complex and stringent,
this is posing a challenge for organisations and recruiters alike to find the right talent. Information privacy,
or data privacy (or data protection), is the relationship between collection and dissemination of data,
technology, the public expectation of privacy, and the legal and political issues surrounding them.
- 2. ETHOS BEATHCHAPMAN
R E D E F I N I N G E X E C U T I V E R E C R U I T M E N T
Page 02© BeathChapman Pte Ltd 2015
perception of the type of company behind the product.
Hence, investing in legal talent in this aspect is a way
of ensuring companies are seen to be ethical and
respectful, thus winning the hearts and minds of their
target consumers by being better corporate citizens.
Many companies, particularly financial institutions, are
ramping up efforts to ensure that policies and procedures
comply with the new regulations. Hence, we also
observe hiring for legal talents in the IT and Operations
space. Depending on the industry an organisation is in,
the amount of personal data being collected can be
massive. More often than not, the data is passed on to
third parties. Hence, possessing a strong regulation
framework in this area has been welcomed by consumers.
Perceived branding of organisations will be improved
when data are ethically managed.
Organisations have been evolving their processes to
ensure and not accommodate compliance; with some
leading healthcare and pharmaceutical MNCs already
integrating data privacy matters into Chief Compliance
Officers’ job scope. The bottom line is that compliance
continues to evolve as the business environment we
are all operating in becomes more complicated. We,
at BeathChapman believe that the funding for legal
hiring in this area will only increase over time. One of
the main challenges faced by companies relating to
information privacy is the limited legal talent pool in
this area.
The following can be adopted to ensure organisations
are in the clear.
• Educating frontline staff.
Companies like Ashurst and Thomson Reuters can
also offer their clients a comprehensive off-the-shelf
elearning course on data privacy.
• Hire a project legal consultant to provide expertise
on PDPA and to help your organisation understand
the regulations and your obligations;
• Look for professionals in the regulatory space,
i.e. regulatory compliance, IT governance / risk and
those handling programme / project management,
as it will be easy for them to pick up and apply
data/information privacy knowledge;
• Target expats from countries where these regulations
have existed previously. The PDPA was first passed
in the UK in 1984, so companies could look there
for expertise, or to Asian countries where the act is
enforced such as Hong Kong and to a certain
extent, Singapore.
To candidates in the legal and compliance space, we
would encourage you to be familiar of and be kept
abreast of the new regulations – ‘retool’ yourself. To
clients with this need, you should be prepared to pay
a premium for that knowledge and expertise that
exists in the market.
If you require further details or wish to have a confi-
dential discussion about your career, market trends,
or salary information, please contact Linus at
linus@beathchapman.com or on +65 6692 0795.
Please click here or visit beathchapman.com/jobs
for a more comprehensive Jobs List.
LINUS CHOO
REG NO. R1216328
ASSOCIATE DIRECTOR
LEGAL - APAC
T: +65 6692 0795
E: linus@beathchapman.com
- 3. Page 03© BeathChapman Pte Ltd 2015
Linus leads the legal practice at Ethos BeathChapman, focusing on legal & compliance and company secretarial
placements. He has successfully conducted and completed many senior level in-house legal positions across all
sectors throughout APAC with reputable MNCs and conglomerates.
Prior to joining Ethos BeathChapman, Linus was with a large specialist legal recruitment firm, where he was
responsible for the legal and company secretarial portfolios. This focus has enabled him to develop strong
functional knowledge of the discipline and a broad network of contacts and referrals within the legal sphere. He
has executed retained legal search assignments up to C-Level.
His recent track record of successful placements include General Counsel for a Resources and Chemicals
organisation, Head Legal of a leading real estate Singapore Listed Company, Head of Legal of a Medical
services company, Corporate Compliance Director of a Global Logistics company, Head Corporate Secretariats
of leading Singapore and HK Listed companies, Head of Legal & Compliance of a European Pharmaceutical
MNC and Senior Attorneys with Fortune 500 MNCs. He has also placed mid-level lawyers in investment banks,
boutique asset management fund houses and with leading Singapore listed companies.
Linus has laid claim amongst the top billers’ league over the course of his career. He is known and respected for
his tenacity and his ability to close “hard to fill” positions; and as a trusted advisor to his contacts. In his free time,
he enjoys a game of football with his friends, hunting down good food options and spending quality time with his
loved ones.
LINUS CHOO
REG NO. R1216328
ASSOCIATE DIRECTOR
LEGAL - APAC
T: +65 6692 0795
E: linus@beathchapman.com
www.ethosbc.com BEATHCHAPMAN (PTE LTD)
EA R1216328 LICENCE NO: 11C5008
ETHOS BEATHCHAPMAN
R E D E F I N I N G E X E C U T I V E R E C R U I T M E N T