Lexgroup Newsletter (Issue No. 465)

National Health Insurance

1. Draft National Health Insurance Data Management Act

On 15 May 2025, the Executive Yuan announced the draft National Health Insurance Data Management Act, which will be delivered to the Legislative Yuan for deliberation.  We summarize below:

(1) As procedural supervisory mechanism, the competent authority shall establish the Committee of Health Insurance Data to assist and provide recommendations on matters such as management, supervision and disputes regarding the use of health insurance data not for specific purposes.

(2) The competent authority and the insurer shall establish a health insurance database, which the insurer will transmit the anonymized health insurance data to the competent authority.  The competent authority shall designate a dedicated unit and responsible personnel to manage the database and assess regularly or irregularly its management and use.

(3) The applicants applying for the use of health insurance data not for specific purposes are limited to governmental institutions, administrative corporations, medical institutions, academic institutions, universities and universities, corporations and institutions delegated by governmental institutions.  Relevant written documents shall be provided to submit to the competent authority and the insurer for approval.

(4) Persons whose health insurance data are used may fill out an application form to request the insurer to cease all or part of their health insurance data’s use not for specific purposes.  The insurer shall record that the data cannot be used not for specific purposes within thirty (30) days from the day following the application date.

(5) For using health insurance data not for specific purposes without approval from the competent authority or the insurer, a fine from NTD two (2) million to NTD ten (10) million may be imposed and application for use may be prohibited for one year.

Reported by: Stacy Lo / Ron Tsai

Food

2.Draft Amendments to Regulations of Recall and Destruction for Food and Related Products

On 22 May 2025, the Ministry of Health and Welfare announced the draft amendments to “Regulations of Recall and Destruction for Food and Related Products.”  We summarize below:

(1) To amend and add the items and retention methods to be set forth in the recall and destruction plan.

(2) To add that the responsible entities shall clearly mark the recalled products and separate them from raw materials, semi-finished and finished products.

(3) To add that recall progress shall be registered daily in the designated electronic system.

(4) To amend the matters that the local competent authorities shall supervise the responsible entities to recall and destruct.

(5) To add the retention period for recall and destruction records.

Reported by: Kang-Shen Liu / Sean Tsai

Public Company

3.Draft Regulations Governing Information to be Published in Annual Reports of Public Companies

On 22 May, 2025, the Financial Supervisory Commission (FSC) announced the draft “Regulations Governing Information to be Published in Annual Reports of Public Companies” for public consultation.  We summarize below:

(1) To require companies that meet certain criteria (subject to further announcement by the FSC) include a dedicated section in their annual reports disclosing sustainability-related financial information approved by the board of directors.

(2) To stipulate that the preparation and disclosure of sustainability-related financial information shall be conducted in accordance with Article 10-1 newly added to these Regulations, relevant laws and regulations, and the IFRS Sustainability Disclosure Standards as recognized by the FSC. The key provisions of the IFRS Sustainability Disclosure Standards are also expressly stipulated in the Article.

(3) To require the annual report be submitted and uploaded on the same date as the financial statements for the fiscal year. However, as a transitional measure, companies may first submit the sustainability-related financial information section, followed by the complete annual report.

Reported by: Jeffrey Liu / Eva Chiu

Securities

4.Adjustment to Short Sale Margin Requirement and Intraday Securities Borrowing Sell Order Limits

On 26 May 2025, the FSC announced two rulings to adjust the short sale margin requirement of TWSE/TPEx listed securities from 130% to 90% (Jin-Guan-Zheng-Tou No. 1140382475), and to adjust the daily limit on intraday securities borrowing sell orders from 3% to 30% of the average daily trading volume over the preceding 30 business days (Jin-Guan-Zheng-Jiao No. 1140382477).

Reported by: Jeffrey Liu / Eden Hsieh

Editors:
Mike Lu (Partner)
Stacy Lo (Partner)
Jeffrey Liu (Partner)
Kang-Shen Liu (Partner)
David Tsai (Partner)
Angela Lin (Partner)
Paul Hsu (Partner)
Alex Li (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP Firm)
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