Daily Archives: 02/08/2024

As globalization drives businesses closer together with society, the global flow of personal data continues to expand exponentially. Businesses require efficient ways of exchanging this information both internally and between Hong Kong and other locations worldwide; yet this increased volume presents businesses with a challenge when complying with laws regarding cross-border data transfers. Padraig Walsh of Tanner De Witt provides some insight into this complex legal environment while outlining some considerations regarding cross-border data transfers.

Padraig Walsh, Partner, Tanner De Witt When contemplating the transfer of personal data between parties, one of the first considerations should be whether that information falls under the purview/territorial jurisdiction of Hong Kong’s Privacy Commissioner for Personal Data (“PCPD”). To assess this, consider who controls or holds this personal data: any person with authority over its collection, use, processing or storage (DPP1 through DPP4) may fall within its reach and enforcement power of PCPD enforcement actions will take place against those individuals responsible.

As data users are defined as data controllers under PDPO, their legal obligations regarding the collection and use of personal data extend across borders – such as informing data subjects before their initial collection as to its purposes and transferee classes (DPP1-DPP4).

Additionally, the PDPO requires data users to obtain voluntary and express consent before using a data subject’s personal data for any new purpose (DPP5). While this requirement is somewhat onerous in comparison with GDPR’s requirements, it remains consistent with law that regards transfer as data use.

Once a decision has been made to transfer personal data, it is critical for data users to put in place adequate contracts to protect both their own rights as well as those of data subjects involved in this transfer (DPP8). These contractual arrangements could take various forms; from standalone agreements or addenda to main commercial contracts.

Final consideration is that when an importer accepts standard contractual clauses offered by an EEA data exporter pursuant to GDPR, he/she must agree to submit themselves to and cooperate with any proceedings concerning the enforceability of those clauses (DPP9). Although this will often not be necessary when transferring personal data between locations that don’t possess adequate adequacy regimes or that have yet to join EU’s ePrivacy Shield program.

Horse races are an event whereby individuals wager on the outcome of competition between two or more horses, typically held on dirt or turf tracks with jockeys and mounts competing against one another. Horse racing dates back to ancient civilizations. Mythological accounts describe it as one of Norse god Odin’s favorite pastimes while it also made its appearance at Greek Olympic Games from 740 bc up until 700 bc where both chariot and mounted horse races were included as regular features; steeplechases also have roots dating back further to at least 5th century bc!

The term horse race has become a ubiquitous metaphor in popular parlance to refer to any form of competition with close margins, including political elections. A recent study concluded that newspapers owned by corporate interests are more likely to use the term “horse race” when covering such contests – specifically the 2004-2008 governor and U.S. Senate elections where horse race coverage was most frequent during close races as well as weeks leading up to Election Day.

Early horse races were competitive contests between two or at most three horses. As public demand rose, open events soon emerged with standardised rules developed for eligibility based on age, sex, and other considerations. Races originally consisted of 4-mile (6.4-kilometer) heats where two wins were needed to declare the victor; sprint racing became popular mid-18th century which reduced this number significantly to two or more events per event.

For horses to win races, they must carry weights determined by past performances and the equine equivalent of pounds. These calculations are conducted by a racing secretary who reviews each horse’s record to assess its chances of victory – this process of handicapping is integral to both games and races alike.

Even though horse racing is popular, its inherent danger is still undeniable and many racehorses have perished as a result of participating. Although exact figures of fatalities remain unknown, their numbers likely number into the thousands. Horse racing could greatly improve its image by adopting zero-tolerance drug policies and running races exclusively on grass tracks only, prohibiting whipping altogether, and permitting competition after horses turn three birthdays; without such reforms it would be difficult to know whether this sport ever truly meets any criteria of humaneness or not.