Data Hk provides an invaluable source of information about Hong Kong’s Data Protection regime. With detailed explanations of each Data Protection Principle (DPP), and useful references for those unfamiliar with data protection in Hong Kong. Furthermore, the site links to other relevant resources of information.
There are increasing instances in which Hong Kong businesses must perform transfer impact assessments under the laws of other jurisdictions. This is typically seen when data exports originate in Europe to Hong Kong; typically this will require agreeing to standard contractual clauses proposed by the EEA exporter – necessitating them conducting an impact analysis to comply with their local jurisdiction’s PDPO requirements and pass their inspection processes.
As Hong Kong’s economy increasingly transitions towards international markets, its data services will become more in demand and require effective means of transborder data transfer. Here, section 33 plays an essential role.
Section 33 regulates the transfer of personal data outside Hong Kong by setting forth certain conditions that must be fulfilled for such transfers to occur according to regulations set by PDPO and additional legislation, including taking reasonable measures to ensure recipients do not disclose personal data to third parties without their consent; and notifying data subjects prior to their transfer being completed.
Definition of Data User in Section 33 | Hong Kong Privacy Protection Act 2000 (“PDPO”
Remembering that data transfer is an act of data use is essential to fulfilling any obligations under the PDPO and therefore any obligation imposed will also cover transfers of personal data. This is particularly applicable if a data user transfers personal data directly to another data user; they will have multiple obligations such as meeting six Data Protection Principles (DPPs), taking reasonable steps to safeguard it from unauthorised access etc.
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