Hong Kong does not contain a legal restriction on the transfer of personal data to third countries; however, the PCPD has published guidance regarding cross-border transfers, particularly with regard to using contracts to protect personal data during cross-border transfers from Hong Kong to jurisdictions that do not share similar laws as Hong Kong. These model clauses should be included when contracts involve personal data being sent outside Hong Kong’s boundaries and into foreign jurisdictions that lack similar legislation to Hong Kong’s.
These provisions require data users to obtain voluntary and express consent of data subjects prior to transferring personal data to third countries or using it for purposes other than its original intended use. This requirement helps ensure that individuals retain control over their own information while staying informed as to its progress; additionally, consent can be withdrawn at any time by giving notice thereof.
In the event of any violation of law, data users must inform their supervisory authority within 72 hours and describe both its nature and impact on data subjects. Furthermore, all reasonable steps should be taken by data users in order to limit damage caused by breached agreements.
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