Data hk is an integral component of Equinix’s digital economy, connecting customers, partners and stakeholders with Equinix business ecosystem. With one of Asia’s highest concentration of carrier dense network hubs in Hong Kong’s data centers being the perfect spot for connecting your digital supply chain more efficiently and effectively – our location makes us your ideal platform.
People may be surprised that Hong Kong does not include statutory restrictions on the transfer of personal data outside its territory. As cross-border flow increases, this approach taken by Hong Kong could be seen as refreshing when most jurisdictions have adopted an “adequacy” or equivalent regime.
Hong Kong’s data protection regime does provide some crucial safeguards to cross-border transfers of personal data, such as the requirement that data users secure the express consent of data subjects before using their personal information for purposes that go beyond what was specified in their Personal Information Collection Statement (“PICS”).
Notifying a data subject of any planned transfer of their personal data abroad is also required by law and can be initiated by their written request to a data user. Such notification includes details regarding its intended purposes as well as safeguards to protect personal data during international transfer.
Both requirements can be adjusted based on the circumstances surrounding personal data transfer; however, any flexibility should not undermine substantive protections that exist.
Data users must ensure contracts are in place to regulate the international transfer of their personal data, whether that takes the form of separate agreements, schedules to main commercial agreements or contractual provisions within said agreements.
The PCPD has issued extensive guidance regarding these obligations, with specific model clauses designed to be easily adopted by medium-sized enterprises without diminishing levels of protection. Furthermore, they have begun exploring methods of encouraging compliance by overseeing data user application of such provisions.