Day: June 27, 2025

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Padraig Walsh, Partner at Tanner De Witt discusses key considerations when transferring personal data between Hong Kong and other locations.

Importantly, the PDPO does not regulate all data transfers between companies operating in different jurisdictions; rather, it only applies to transfers relating to an identified person – this definition aligns with similar laws in other countries like mainland China’s Personal Information Protection Law or Europe’s General Data Protection Regulation.

The Personal Data Protection Ordinance imposes several obligations on any individual who controls the collection, holding, processing and use of personal data in Hong Kong. There are exceptions, however; including if that person doesn’t operate any operations that control these processes within Hong Kong. Furthermore, under this legislation “use” includes disclosure and transfer – meaning a data user must explicitly notify their data subject on or prior to collection as to its purposes for use and to whom it may be transferred.

Additionally, the PDPO specifies specific penalties for those who transfer personal data without express consent – this offense carries fines up to HK$500,000 or imprisonment of three years; providing third parties with personal data for direct marketing is punishable with either fines of up to HK$1 Million or imprisonment up to five years.

Data access is essential to business. But having access is only half the battle; data must also be leveraged effectively in order to reach goals and mitigate risk, so it is vital that organisations gain an understanding of their data landscape and how it can support success.

As business leaders, one of their primary responsibilities is ensuring they can access data at the appropriate time and format. One solution would be partnering with an organization that offers fully managed high-performance data center solutions. Equinix offers an expansive network of data centers in Hong Kong with an abundance of enterprises, networks and IT providers for an efficient digital supply chain. Our data centers are carrier-dense network hubs that offer direct, on-demand connectivity with multiple cloud service providers and networks, helping your digital business scale rapidly in even the most demanding environments. Furthermore, these data centers are connected with world-leading global exchanges allowing seamless and secure connectivity to business partners worldwide.