As the togel hongkong online industry expands, businesses need to be aware of their obligations to protect personal data and the implications for cross-border data transfers. The PCPD has published extensive guidance and recommended model clauses to address the issue of transferring personal data abroad, which can be included in contracts dealing with data transfer arrangements. These can be written as separate agreements, schedules to the main commercial agreement or contractual provisions within the main agreement. However, the form does not ultimately matter; the substance does.
In order to comply with the PDPO and its six DPPs, a data user must fulfil a wide range of obligations that are relevant to the collection, holding, processing or use of personal data. One of these obligations is that a data user must expressly inform a data subject on or before collecting the personal data of the purposes for which the information will be used and of the classes of persons to whom the personal data may be transferred (DPP1 and DPP3).
This obligation to notify data subjects of the purposes and classes of transferees is important, as the PDPO does not allow for a change in purpose after the fact. It is therefore important to consider this issue carefully when a company is contemplating transferring personal data overseas, in case such a transfer would trigger an obligation to notify under the PDPO.
Section 33 of the PDPO prohibits the transfer of personal data outside Hong Kong unless certain conditions are fulfilled. Among other things, this requires that the data exporter identify and adopt supplementary measures to bring the level of protection of the personal data transferred up to Hong Kong standards. These could include technical measures such as encryption, anonymisation or pseudonymisation, or contractual provisions that impose obligations on audit, inspection and reporting, beach notification and compliance support and co-operation.
These requirements, as well as the broader duties under the PDPO, should be kept in mind when considering any potential business activities that involve the transfer of personal data abroad. While there is some discussion about modernising the data protection laws in Hong Kong, it is clear that this will take time and that in the meantime businesses need to be vigilant with respect to their compliance with the existing framework.
If you would like further advice on this or any other data hk issues, please do not hesitate to contact our team of experienced data protection lawyers. We look forward to hearing from you.