Yes, jailbreaking devices is generally legal in Taiwan under specific conditions. The Copyright Act permits circumvention for interoperability or security research, provided it does not infringe copyrighted content. However, unauthorized access to protected systems remains prohibited under the Computer-Processed Personal Data Protection Act and the Criminal Code.
Key Regulations for Jailbreaking Devices in Taiwan
- Copyright Act (Article 80-1): Allows circumvention of technological protection measures (TPMs) for lawful purposes, such as accessing legally obtained software or hardware for interoperability. Explicitly excludes circumvention for piracy or unauthorized content access.
- Computer-Processed Personal Data Protection Act (CPDPA): Prohibits jailbreaking that compromises personal data security or leads to unauthorized data extraction. Violations may result in fines up to NT$500,000 (≈US$16,000) or criminal liability under Article 46.
- Criminal Code (Article 359): Criminalizes unauthorized access to computer systems, including jailbreaking that bypasses authentication mechanisms to alter device functionality. Penalties include imprisonment for up to 3 years or fines up to NT$100,000 (≈US$3,200).
Taiwan’s 2026 Digital Fair Use Amendment further clarifies that jailbreaking for non-commercial, educational, or security research purposes remains permissible if it does not facilitate copyright infringement. The National Communications Commission (NCC) and Ministry of Digital Affairs (MODA) enforce compliance, particularly for IoT devices where unauthorized modifications may violate telecom regulations.