Padraig Walsh from Tanner De Witt’s Data Privacy Practice Group walks us through key considerations for personal data transfers within or between Hong Kong and other locations, or within Hong Kong itself. These include legal obligations imposed on data users when making such transfers as well as how these obligations can be fulfilled in practice (for instance through contracts).

When considering the transfer of personal data, it is essential to remember that the PDPO defines “data user” as any person responsible for collecting, holding, processing or using personal data – an expansive definition which could cover various entities within jurisdictions.

Data users have an obligation to abide by a number of core statutory obligations under Hong Kong privacy law, including complying with six DPPs that constitute core data obligations (DPP 1-6). These include informing the PIC when transferring personal data abroad; as well as seeking voluntary and express consent before using personal data for new purposes other than permitted by law (DPP 6).

PDPO mandates that data users assess whether laws and practices in their destination jurisdiction do not meet Hong Kong-level standards for protection of personal data, the data exporter must take additional measures – either technical ones such as encryption, anonymisation or pseudonymisation; contractual provisions which impose obligations of audit, inspection and reporting; beach notification requirements or compliance support and co-operation support and co-operation support to bring this level up.

Additionally, the PDPO contains other statutory requirements applicable to data transfers from Hong Kong. These include provisions (such as contracts) which prevent personal data that has been sent out from Hong Kong being accessed, used, or kept longer than necessary for its original purposes (DPP 2 and 4). It also acknowledges that data users are accountable and liable if their agents or contractors breach any requirements under PDPO (DPP 5).

Tanner De Witt offers colocation facilities in Hong Kong that serve as business hubs for many companies and offer access to an enriched industry ecosystem, located strategically near one of Asia’s carrier-dense network hubs. Our industry-leading network infrastructure connects you with business partners while our wide array of leading service providers enable you to expand your digital supply chains across this dynamic economic region. Contact Tanner De Witt now for more information about data hk! Our experts are on hand to discuss all of your options and assist in creating digital supply chains in this critical economic region!