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The Personal Data (Privacy) Ordinance (PDPO) offers high levels of protection to individual personal data. It prohibits its transfer outside Hong Kong without complying with specific requirements; however, within Hong Kong an agreement may exist between its destination location and Hong Kong supervisory authorities concerning protection of such personal data (DPP2 and DPP4).
Padraig Walsh from Tanner De Witt’s Data Privacy Practice Group will walk you through key considerations when planning cross-border data transfers under PDPO, such as Hong Kong interpretations of key data privacy concepts that differ from those commonly found globally.
Data transfers are integral components of business transactions, making understanding data privacy regulations essential to their operations and mitigating risk effectively across organizations.
The PDPO defines personal data as any information which can be used to identify an individual, whether recorded manually or electronically. Furthermore, this law places numerous obligations upon data users regarding how they handle such personal information; these include:
If a data importer’s assessment reveals that foreign jurisdiction’s laws or practices do not offer adequate levels of personal data protection, supplementary steps must be taken in order to bring its processing up to standards required by PDPO. This could involve taking technical measures such as encryption, anonymisation and pseudonymisation or contractual measures like additional clauses imposing audit, inspection and reporting obligations; beach notification procedures as well as compliance support services and co-operation agreements.
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