Data is an indispensable commodity in today’s digital economy, yet many businesses struggle to ensure its secure storage and compliance with applicable regulations. Furthermore, each jurisdiction’s regulatory environment for data transfers varies; therefore it’s essential that businesses understand which factors they must keep in mind when moving data between jurisdictions. This article details key considerations when moving data cross-jurisdictionally.
“Personal data” in this context refers to any information pertaining to an identifiable natural person, such as name, ID number, location data, online identifier or any factors specific to physical, physiological, genetic, mental, economic cultural and social identity of said individual. A data user must not use personal data for direct marketing without first receiving consent from its subject; similarly any transfer of such personal data for such use without such consent constitutes a breach of regulations.
Therefore, it is crucial that companies understand the variations in data privacy laws across regions. Padraig Walsh of Tanner De Witt provides insight into Hong Kong’s data transfer regulations as well as some practical considerations that should be taken into account.
Data Transfers in Asia
Within today’s globalized economy, data is an indispensable resource for individuals and organizations alike. It can help streamline business processes, enhance efficiency, reduce costs and boost profits; yet its proliferation increases risks associated with data transfer – meaning security and regulatory compliance remain vitally important across both regions. Tanner De Witt’s article delineates some key differences between European data privacy laws and Hong Kong privacy legislation.
This article highlights the Hong Kong Data Protection Regulation’s importance in safeguarding your organization’s valuable data assets. It gives a detailed overview of this regulations, such as definition of personal data and principles governing its processing and transfer; additionally it offers a framework for fulfilling compliance obligations.
Hong Kong Data Protection Regulations require that any data user provide notice to any data subjects prior to collecting their personal data of how and why it will be used, including who it may be disclosed to. This provision of the GDPR should be taken into account during any data transfers between Hong Kong and other locations.
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