If a company in Hong Kong transfers personal data outside its territorial jurisdiction, a transfer impact analysis may be required as per PDPO rules. This assessment process helps assess potential risks related to sending this data across borders as well as any steps needed to mitigate those risks and it is required for data users.
Process can be complex, often necessitating consultation with attorneys; but its significance must not be overlooked; compliance with PDPO and six core privacy principles is of utmost importance to companies.
Cross-border data flows have long been seen as crucial to Hong Kong’s economic success, and the PDPO aims to facilitate that free flow within its territory. This is particularly significant when dealing with data that pertains to individuals but it also allows businesses to operate across borders without being restricted by territorial restrictions. Furthermore, the PDPO acknowledges there may be risks involved with international transfer of personal data while offering guidance and model clauses to address them.
For instance, the PDPO requires that data users do not permit data processors to use or hold transferred personal data outside of those locations expressly agreed with. Furthermore, any subprocessor must adhere to these terms. In accordance with guidance issued by PDPO itself, any contract should contain these provisions, and legal advice should be sought as necessary before entering any legally binding agreements between parties containing these clauses in its destination jurisdictions.
Notifying personal data transferred is also mandatory and this can be accomplished in various ways. To maximize efficiency, the notification should include information regarding processing purposes and rights as well as any relevant links to PDPO policies; additionally it must contain a statement verifying that its transfer is legal and fair.
A PDPO requires data users not to make “deliberate or unlawful disclosure” of personal data transferred. This can be challenging as many organizations will have policies and procedures in place to safeguard sensitive information; furthermore, recipients may view certain types of data as sensitive.
Therefore, the PDPO requires that any disclosure of sensitive data must be justified and proportionate with its purpose for processing. This requirement provides a crucial safeguard, particularly if data will be shared with government agencies; large multinational companies should consider alternative arrangements available if an intended data transfer goes forward.