Hong Kong is a global data center hub with a dense concentration of enterprises, networks and IT services providers. Equinix offers a broad range of colocation services in our carrier-dense data centers located in the city, which are connected to a rich industry ecosystem and offer seamless interconnection to customers and partners across Asia. This provides a secure, low-latency and cost-effective way to connect into Hong Kong’s leading internet exchange point and one of the most carrier-dense network hubs in the world.
As the volume of personal data transferred between Hong Kong and mainland China increases, the PCPD has stepped up its enforcement action against companies that fail to comply with section 33 of the PDPO. In addition to enforcing a stricter interpretation of the definition of personal data and imposing penalties for non-compliance, the PCPD has issued recommended model contractual clauses to facilitate compliance with this provision.
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Despite its size, Hong Kong is a highly advanced jurisdiction in data protection. Its laws are internationally recognized, its data protection supervisory body is world-renowned and its legal system is based on common law. It is the first jurisdiction in the region to adopt the International Standard on Transfer Data Protection (ISTPD). In fact, the Hong Kong Privacy Commissioner for Personal Data has recently updated its recommendations on cross-border transfers and published recommended model contractual clauses that can be used in contracts dealing with such transfers.
The recommended model contractual clauses cover two scenarios: the transfer of personal data between a data user and its data processor and the transfer of personal data between entities both of which are outside Hong Kong. While the statutory requirements for such transfers are similar, there are some differences in the wording of the model clauses to reflect the specific Hong Kong context.
A key difference between the PDPO and other data privacy laws is that in Hong Kong, “personal information” means information that relates to an identified or identifiable person. This is a much narrower definition than the term used in most other data protection laws, such as those of the European Union and the United States.
It is important for organisations to take legal advice before entering into any contracts that may require them to transfer personal data overseas, especially if they intend to use the aforementioned model clauses. The legal advice should consider whether the provisions in the model clauses will be enforceable in the destination jurisdiction. It should also take into account the legal environment in the destination country or territory, such as laws, practices and policies that may influence the application of the law in the country.