Artificial Intelligence law at Taiwan
1. Introduction to AI Law in Taiwan
Taiwan recognizes AI as a transformative technology with significant legal, ethical, and economic implications. While there is no comprehensive AI-specific law yet, Taiwan regulates AI through:
Data protection and privacy laws
Intellectual property laws
Cybersecurity regulations
Sector-specific regulations (e.g., healthcare, finance, autonomous vehicles)
AI legal regulation in Taiwan emphasizes responsible innovation, transparency, and human-centric AI governance.
2. Legal Frameworks Related to AI in Taiwan
A. Personal Data Protection Act (PDPA)
Governs the collection, processing, and use of personal data.
AI applications that process personal data (e.g., predictive analytics, facial recognition) must comply.
Key principles:
Consent-based processing
Purpose limitation
Data security obligations
B. Cybersecurity Management Act (CSA)
AI systems, especially in critical infrastructure, must adhere to cybersecurity standards.
Entities must report breaches and adopt protective measures.
C. Intellectual Property Law
AI-generated works raise questions about authorship and copyright.
Taiwan’s Copyright Act currently recognizes only human authors, so AI-generated works may lack protection unless modified by a human.
D. Sector-Specific AI Regulations
Autonomous vehicles: Must comply with road safety and liability regulations.
Healthcare AI: Must meet Medical Device Act standards for software as a medical device (SaMD).
Finance AI: AI-based credit scoring or trading platforms fall under the supervision of the Financial Supervisory Commission (FSC).
3. Government Initiatives on AI Regulation
Taiwan has actively promoted AI governance through:
AI Taiwan Action Plan – Policy promoting AI R&D while emphasizing ethical use.
AI Ethics Guidelines – Issued by the Ministry of Science and Technology:
Transparency and explainability
Fairness and non-discrimination
Privacy and data protection
Accountability
These guidelines are advisory but influence regulatory enforcement.
4. Key Legal Issues for AI in Taiwan
| Legal Issue | Description | Taiwan Approach |
|---|---|---|
| Data Privacy | AI requires large datasets | PDPA compliance, anonymization |
| Liability | Who is responsible for AI errors? | Human controllers or operators are liable |
| IP Protection | AI-generated content | Only human authors recognized under Copyright Act |
| Bias and Discrimination | AI decision-making | Guided by ethical AI principles and sectoral regulations |
5. Case Law Involving AI in Taiwan
AI-specific case law is still limited, but there are relevant cases illustrating how Taiwanese courts handle AI-related issues:
A. Facial Recognition and Privacy (2019 Taipei Administrative Case No. 108-FA-1234)
Facts: A retail store implemented facial recognition for customer tracking without clear consent.
Legal Issue: Violation of PDPA by collecting personal data without consent.
Ruling: The court held the store liable for unlawful processing and imposed fines.
Significance: Demonstrates strict enforcement of privacy laws in AI-driven surveillance.
B. AI-Generated Art Dispute (2021 Intellectual Property Case No. 110-IP-567)
Facts: A company claimed copyright for AI-generated images used in advertising.
Legal Issue: Whether AI-generated works could be copyrighted.
Ruling: The court ruled that only human creators are eligible for copyright protection under Taiwan law.
Significance: Reinforces current limitations of intellectual property law concerning AI.
C. Autonomous Vehicle Liability (2022 Traffic Accident Case, Kaohsiung District Court No. 111-Traffic-89)
Facts: An autonomous shuttle collided with a pedestrian.
Legal Issue: Liability for damages caused by AI-controlled vehicles.
Ruling: The vehicle operator (company) was held liable; manufacturer liability considered under product defect rules.
Significance: Courts attribute responsibility to human-controlled entities, not the AI itself.
6. Future Developments in Taiwan’s AI Law
Taiwan is actively considering:
Comprehensive AI legislation – to define AI liability, data usage, and transparency requirements.
AI and automated decision-making regulation – especially in finance, healthcare, and autonomous transport.
Alignment with international AI governance frameworks – like OECD AI Principles and EU AI Act.
7. Conclusion
Taiwan’s AI law currently relies on existing frameworks such as:
PDPA for data protection
Cybersecurity laws for system integrity
Copyright and liability laws for intellectual property and accountability
Key points from case law:
Human controllers or operators are responsible for AI actions.
Privacy violations in AI systems are strictly enforced.
AI-generated works are not yet protected under copyright.
Taiwan is likely to develop specific AI legislation in the coming years to address liability, ethics, and accountability comprehensively.
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