As an entrepreneur in Hong Kong, you must comply with data hk regulations. This data protection law sets high standards for personal information protection and can impose harsh penalties if noncompliance occurs. Luckily, hiring a Data Protection Officer (DPO) can assist with this compliance by working closely with your team to create policies which adhere to PDPO regulations and keep you compliant. Although hiring one is optional, doing so could prove immensely valuable for your business.
DPO laws in Hong Kong mandate that before collecting personal information from an individual, you inform them about its intended uses. This typically takes the form of providing them with a collection statement before agreeing to give their information over. You must also notify them if any changes occur in purpose or use. This requirement is less onerous than GDPR’s definition of personal data which requires receiving individual consent before transferring data between systems.
As part of your obligations under PDPO Law, in addition to meeting these duties you must also implement contractual or other safeguards to protect personal data transferred to data processors outside Hong Kong from unauthorised access, processing, erasure, loss, and use. Furthermore, any data transferred must not be held longer than necessary for processing. Furthermore, agents or contractors acting on your behalf could still breach it; you are still held accountable.
Another important thing to keep in mind when transferring information abroad is whether the PDPO applies. Different countries have their own data privacy laws relating to personal information; before you transfer any, be aware of what laws pertain. Hong Kong only permits transfer if information relating to identifiable persons falls within its jurisdiction and this includes information like names, identification numbers, location data and online identifiers – anything related to an identifiable individual that includes aspects like physical, physiological, genetic, mental economic cultural social identities of an individual person.
Hong Kong is currently deliberating the need to update the Personal Data Protection Ordinance, such as changing its definition to match GDPR regulations. If this occurs, this would increase requirements on companies that transfer personal data across borders and make compliance harder; while being good for people’s privacy this could create problems for businesses that don’t already abide by Hong Kong laws; we will see what transpires over time.