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Data Privacy Laws in Hong Kong

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August 30, 2024
By ristorantepalafreno In Gambling Blog

Data Privacy Laws in Hong Kong

If your business involves the transfer of data or relocation to Hong Kong, it is essential that they understand how the local data privacy laws may impact their plans. Padraig Walsh from Tanner De Witt’s data privacy team outlined some key points.

The Personal Data Protection Ordinance (PDPO) does not prohibit the exportation of personal information outside of Hong Kong, but requires data exporters to notify and gain consent from data subjects before undertaking such transfers. This ensures they understand why their data is being transferred, giving them an opportunity to opt out if desired.

Under PDPO, data exporters must enter into contractual arrangements with data importers in order to transfer personal information. This typically includes requirements that the data importer does not use or disclose the personal information for purposes other than those agreed with the data exporter, and they undertake to protect that personal information as per PDPO requirements.

Model clauses have become an essential component of most data transfers, significantly decreasing the risk of unlawful data storage and meeting all requirements of PDPO without being considered a breach.

As part of its contractual obligations, data exporters should maintain accurate records of any personal data transferred abroad. This will enable them to demonstrate compliance with PDPO obligations and defend themselves if challenged by data subjects.

Data exporters often conduct a transfer impact assessment before sending personal information abroad, as part of the preparation for international data transfers. This assessment allows data exporters to understand which jurisdiction offers adequate protections and determine whether it would be suitable to transfer any personal data there.

Before transferring any personal data overseas, it is wise to seek guidance from an experienced professional. Tanner De Witt can offer comprehensive services that ensure compliance with PDPO requirements.

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