Data Hk and the PCPD Model Clauses for Cross-Border Data Transfers

Data hk is an online platform that allows users to view and download open data from local, national, regional, and international sources. Its database contains over one million datasets sourced from a wide variety of public organizations and businesses, including the Hong Kong government. Its collection is organized by industry and topic, making it easy to find relevant information. The platform is free to use, although a fee is charged for access to detailed data.

Generally speaking, a personal data transfer impact assessment is only required if the proposed transfer is to a non-adequacy jurisdiction, or to a jurisdiction which does not have laws which reflect each of the four essential guarantees in the European Union’s General Data Protection Regulation. Nonetheless, there are an increasing number of circumstances in which a business will need to carry out a transfer impact assessment because of the laws of other jurisdictions.

The PCPD has recently published a set of recommended model clauses for inclusion in contracts dealing with cross-border data transfers. These model clauses provide for a range of measures that will assist in bringing the level of protection provided in the contract to an acceptable standard. They include provisions that prohibit the transferring data user from using or permitting its sub-processor to use any of the transferred personal data in a way not consistent with its agreed processing purposes and that the transferring data user take steps to ensure that the transferring data is kept securely.

These provisions are intended to help the transferring data user satisfy its obligations under the PDPO, and in particular DPP1 (Purpose and collection of personal data) and DPP3 (Use of personal data). In addition, they suggest that the transferring data user undertake to verify that the PICS has disclosed the classes of persons to whom the data will be transferred, as well as the lawful basis upon which it is doing so. It is not necessarily necessary for these disclosures to be made in writing, although it may be good practice.

Furthermore, the transferring data user should identify and consider any additional contractual measures that may be necessary to bring the level of protection in the contract up to the standards of the PDPO. Such measures could include technical measures such as encryption, anonymisation or pseudonymisation; and/or contractual provisions such as audit, inspection and reporting, beach notification and compliance support and co-operation.

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