[Taiwan] Our Comments on the Draft Digital Intermediary Service Act (DISA) to the NCC

The Asia Travel Technology Industry Association (ATTIA) has submitted comments to Taiwan’s National Communications Commission (NCC) on its draft Digital Intermediary Service Act (DISA), also known as “數位中介服務法”.

Download our comments here.

We applaud the NCC for its efforts in drafting the DISA, as a bold step towards enhancing digital platform accountability and transparency to protect users’ rights. The NCC’s approach to benchmark DISA against the EU’s Digital Services Act (DSA) is also a positive development for global platform regulation harmonization. If drafted in a manner which accounts for travel industry realities, this could potentially reduce compliance burdens for ATTIA Members, while improving the ease of doing business across key travel and tourism markets.

While we appreciate the NCC’s intentions, we also wish to express our concerns on the draft Act. We note that the draft Act introduces a range of new obligations inspired by the EU DSA, but we face uncertainty over how they will be interpreted and implemented in Taiwan. Above all, we worry that DISA’s implementation could end the existing ‘light touch’ approach to digital platform regulation in Taiwan, which has made Taiwan a competitive digital market.

Given Taiwan’s ambitions to re-open its borders once the COVID-19 crisis subsides, we believe that the draft Act’s existing provisions could hurt digital travel platforms during an especially crucial phase of travel recovery, as a result of regulatory burdens and uncertainties. ATTIA’s members are keen to facilitate Taiwan’s return as a global aviation hub and tourism destination, and are prepared to share perspectives which have served other markets well.