The Law on Data HkThe Law on Data Hk
Hong Kong companies must abide by principles of transparency and good data ethics, notifying individuals of why their personal data will be transferred overseas as well as keeping records of any personal information transferred and any efforts undertaken to comply with cross-border data transfer requirements.
Data exporters should consider seeking legal advice regarding their contractual arrangements with data importers to confirm that any provisions will be enforceable in their location – this will ensure their obligations under GDPR are fulfilled.
Data importers should also be mindful of their obligations under personal data protection law. This includes agreeing to standard contractual clauses proposed by European Economic Area data exporters and conducting a transfer impact assessment when receiving personal data of European Economic Area subjects from data exporters located there. A transfer impact assessment evaluates both protection levels in Hong Kong as well as any risks associated with proposed transfers of personal data subject.
Personal data, as defined by the PDPO, refers to “any information pertaining to an individual that allows their identity to be ascertained.” This definition encompasses an expansive variety of personal information including names, addresses and telephone numbers; medical records; credit card details; bank account details; driving licence details and CCTV recordings.
Personal data should only be collected if it is necessary and with the voluntary and express consent of those involved. There are exceptions, however; consent need not be obtained when protecting public security; protecting international relations; preventing crime or detect it; collecting any taxes or duties assessed against it or news activities concerning news events as well as life-threatening emergency situations.
Hong Kong is the leading regional Internet exchange and one of Asia’s most carrier-dense network hubs, boasting an ecosystem comprised of enterprises, networks and IT service providers. Colocation facilities located within the city provide customers with direct access to a vibrant industry ecosystem as well as secure and dependable infrastructure that enables various application use cases. Customers can select from an extensive range of network service providers and connect directly to them within a building – an invaluable capability for businesses that need their data moving rapidly across global networks. Customers who rely on flexible and scaled infrastructure solutions can build infrastructure tailored to meet the specific requirements of their businesses, while simultaneously building user and customer trust that their data will remain safe. This will allow them to focus on building innovative services while expanding their businesses – ultimately increasing customer engagement with them over time.