AI Watch: Global regulatory tracker – Taiwan (UPDATED) | White & Case LLP

AI Watch: Global regulatory tracker – Taiwan (UPDATED) | White & Case LLP

https://www.jdsupra.com/legalnews/ai-watch-global-regulatory-tracker-4820153/

Publish Date: 2026-01-06 11:54:00

Source Domain: www.jdsupra.com

Here is a summarized list of key points:

• Current Status of AI Regulations in Taiwan:

  • There are no specific codified laws or regulations in Taiwan directly regulating AI.
  • Draft AI laws are proposed by the Legislative Yuan, the National Science and Technology Council (NSTC), and the Executive Yuan.

• Draft AI Law Process:

  • The NSTC released its draft AI law soliciting public comments in July 2024.
  • The Executive Yuan released the draft AI Basic Act in August 2025 and submitted it to the Legislative Yuan for review, with passage uncertain.

• Existing Guidelines and Plans:

  • AI Technology R&D Guidelines (approved in September 2019).
  • Taiwan Artificial Intelligence Action Plan 2.0 (2023-2026) (approved in April 2023).
  • Guidelines for generative AI use by the government (issued in August 2023).

• Other Influencing Laws:

  • Various laws indirectly affect AI in Taiwan such as the Personal Data Protection Act and Medical Devices Act.

• Lack of Official Definitions and Territorial Scope:

  • There is no official legal definition of AI in Taiwan; however, the draft law defines AI as a self-operating system using machine learning.
  • No specific territorial or sectoral scope for AI regulation.

• Compliance and Liability:

  • No specific regulations directly regulating AI, so compliance roles rely on existing tort laws.
  • Injured parties can claim under recognized categories in Taiwan’s Civil Code and Consumer Protection Act.

• Key Provisions in the Draft AI Law:

  • Promoting AI research and preventing harm.
  • Developing an AI risk classification framework for regulatory management.
  • Ensuring accountability, safety, transparency, and human control.
  • Addressing high-risk AI applications’ liability and compensation mechanisms.
  • Protecting workers from unemployment caused by AI technological changes.
  • Enhancing privacy protection and data governance during AI development.
  • Establishing data openness and sharing mechanisms with considerations for cultural and intellectual property rights.

• Compliance Principles:

  • Guidelines for AI R&D, based on eight principles like common good, fairness, privacy, explainability, etc.
  • Draft AI law principles: sustainability, human autonomy, privacy, safety, transparency, fairness, and accountability.

• Regulatory Bodies Involved:

  • The Ministry of Digital Affairs oversees digital innovation and AI.
  • Sector-specific regulators govern AI in fields such as healthcare, transportation, and finance.

• Enforcement:

  • Currently, there are no specific AI laws with enforcement and penalties under AI regulation.
  • Violations of AI creation, dissemination, or use are overseen by related provisions in existing non-AI legislation.