Data Hk and the PDPO

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While the Hong Kong government has suggested modernising data protection laws, businesses should still understand their obligations under current framework. Doing so will allow them to avoid costly fines while complying with all obligations across multiple jurisdictions.

The definition of personal data contained within the PDPO is rather broad and includes any data that can be used to identify or contact an individual, similar to other legislative regimes like China’s Personal Information Protection Law and Europe’s General Data Protection Regulation. Therefore, any use of personal data must receive voluntary and express permission from its data subject before being processed further.

Similarly, individuals seeking to transfer their personal data within PRC must first secure their consent in accordance with other legislative regimes; such consent must be freely given, clear, and unambiguous.

For businesses wishing to use personal data in the PRC, consent must first be obtained voluntarily and expressly from those they intend on collecting information about. This requirement aligns with other legislative regimes; thus businesses must clearly state what their intentions are with regard to using such personal information.

Furthermore, organisations processing personal data in the PRC must abide by the provisions of the PDPO by adhering to an appropriate data protection policy and conducting regular risk analyses – even if their intention isn’t necessarily for this data to be used there.

Due to this reason, the PDPO has far-reaching implications for businesses operating in Hong Kong. Companies should familiarise themselves with its requirements before considering implementing a data protection compliance program to avoid costly fines and potentially avoid compliance violations imposed under it. This is especially pertinent for companies using data-related technologies that seek to learn about individuals’ behaviors or process information that affects them; companies using such technologies need to comply with six core data protection principles (DPPs) found in PDPO in order to avoid costly fines as well as potential restrictions placed on transfers out of Hong Kong when leaving Hong Kong; companies should ensure compliance by complying with applicable restrictions placed by lawful jurisdictions when entering or exiting Hong Kong when exiting Hong Kong; restrictions could exist upon transfers within that jurisdiction and countries outside.