In the past, when establishing personal data protection systems, enterprises often faced the dilemma of “fragmented governance.” Manufacturers were regulated by the Ministry of Economic Affairs, while online retailers were regulated by the Ministry of Digital Affairs. The standards for “Personal Data File Security Maintenance Plans” set by various ministries were inconsistent, leaving cross-industry enterprises at a loss. 

With the amendment of the new Act, the PDPC has announced the draft “Regulations on Security Maintenance and Management of Personal Data Files” (hereinafter referred to as the Draft Regulations on Security Maintenance). This will be a “common” regulation applicable to all government and non-government agencies. This article will analyze the “Common Security Maintenance Measures” regulated in Chapter 2 (Articles 5 to 15) of the draft. These are the compliance baselines that must be implemented regardless of the enterprise’s size or revenue. 

1. Where It All Begins: Data Inventory and Scope Definition 

When a data leak occurs, many enterprises are not even sure what data they have lost. Article 5 of the Draft Regulations on Security Maintenance explicitly requires enterprises to conduct a “periodic inventory” to confirm the status of personal data held and define the scope of management. 

In other words, enterprises can no longer use “data is too messy” as an excuse. You must know what personal data the company holds (customer lists, employee data), where it is stored (paper archives, cloud storage, employee laptops), and the legal basis for collection. Only through inventory can the defensive perimeter be defined, which is the foundation of all information security governance. 

2. Personnel Management: Confidentiality Agreements and Access Control 

“Insider threats” are often harder to prevent than hackers. Article 7 of the draft proposes specific requirements for “Personnel Management”: 

1. Identify Roles and Responsibilities: Identify personnel whose duties involve the collection, processing, or use of personal data. 
2. Sign Confidentiality Agreements: Confidentiality obligations must be agreed upon with personnel who have access to personal data. 
3. Least Privilege: Account permissions should adopt the “Principle of Least Privilege,” with no access granted unless necessary for business. 
4. Handover upon Departure: When personnel change, permissions must be revoked, and devices containing personal data must be returned or the data deleted. 

In addition, Article 8 of the draft also stipulates that awareness promotion and educational training should be conducted periodically for personnel. This is no longer an option to be done “when there is free time,” but a legal obligation for which records must be kept. 

3. Device and Physical Security: Do Not Skimp on Updates 

Regarding computers and locations where personal data is stored, Articles 9 and 10 of the draft establish clear indicators: 

1. Device Security: Computers should have antivirus software installed with automatic virus definition updates enabled. Operating systems and software should be updated in a timely manner to patch vulnerabilities. In other words, using end-of-life operating systems that no longer receive updates (such as Windows 7) will directly constitute a violation. 
2. Physical Security: For server rooms or file archives where personal data is stored, access control, surveillance systems, or physical locks should be in place to prevent entry by unauthorized personnel. 

4. Special Personal Data: Encryption in Transmission is Standard 

If the data held by your enterprise involves “Special Personal Data” under Article 6 of the “Personal Data Protection Act” (such as medical records, healthcare, genetics, physical examination, criminal records, etc.), according to Article 11 of the draft, stricter protection measures must be taken: 

1. Paper and Portable Device Control: Establish specific control regulations for paper documents and portable devices (such as USB flash drives). 
2. Transmission Encryption: Encryption measures must be taken during the transmission of electronic files; transmission in plaintext is prohibited. 
3. Backup Protection: Backup data should receive high-standard protection comparable to the original data. 

5. System Logs and Data Deletion: Always Leave a Trace 

For information systems developed in-house or outsourced, Articles 12 to 15 of the draft require: 

1. Account Management: Periodically review accounts and enforce complex passwords. 
2. Log Retention: Systems should have the function to record actions such as login, access, and deletion (Logs), and logs should be kept for an appropriate period (subsequent articles suggest at least 6 months). 
3. Deletion Records: After the termination of business, personal data should be securely destroyed or deleted, and deletion records should be kept for at least 5 years for future auditing. 

6. Recommendation: Review Your “Security Maintenance Plan” 

The above regulations are the “minimum standards” for all non-government agencies. Whether it is a roadside clinic, an SME, or a large multinational corporation, as long as personal data is held, these measures must be implemented. If a personal data incident occurs and the competent authority conducts an inspection, the first thing they will check is whether these fundamentals are solid. Our firm recommends that enterprises immediately review existing internal regulations to confirm compliance with the requirements of the new draft, especially “Data Inventory” and “System Logs,” which are often the most overlooked aspects by enterprises. 

Our firm possesses extensive experience in corporate personal data legal affairs and compliance implementation. If your company has any needs regarding the drafting or revision of security maintenance plans or the review of internal processes, please feel free to contact us at any time. Our team of professional lawyers will provide you with precise legal analysis and solutions. 

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Special Note: The draft subsidiary regulations mentioned in this article (such as the Regulations on Security Maintenance, etc.) are pre-announcement versions released by the Preparatory Office of the Personal Data Protection Commission between January and February 2026. As of the time of writing, they are in the public comment phase, and the official provisions may be further adjusted based on feedback from various sectors. Readers are advised to stay updated on the latest regulatory developments.