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1. Parties: Identification of the employer (data user) and the employee (data subject)
2. Background: Context of the agreement and its purpose in protecting personal data in the employment relationship
3. Definitions: Key terms used in the agreement, including 'personal data', 'processing', 'sensitive personal data', and other relevant PDPO terms
4. Scope and Purpose: Details of what personal data will be collected and processed, and the purposes for which it will be used
5. Data Collection Principles: Overview of how the company will adhere to PDPO's data collection principles
6. Use of Personal Data: Specific uses of employee personal data, including processing, storage, and sharing
7. Data Security Measures: Security measures implemented to protect employee personal data
8. Employee Rights: Rights of employees regarding their personal data, including access, correction, and deletion rights
9. Employee Obligations: Employee's responsibilities in protecting both their own and others' personal data
10. Data Retention: Periods for which different types of personal data will be retained
11. Data Breach Procedures: Procedures for handling and reporting data breaches
12. Termination Provisions: Handling of personal data upon termination of employment
13. Governing Law: Confirmation of Hong Kong law as governing law and reference to PDPO
1. International Data Transfers: Required if employee data may be transferred outside Hong Kong
2. Sensitive Personal Data: Required if collecting sensitive data like medical information or biometric data
3. Monitoring and Surveillance: Required if workplace monitoring or surveillance systems are in place
4. Remote Working Provisions: Required if employees work remotely and handle data outside the office
5. Third-Party Processing: Required if third-party service providers process employee data
6. Industry-Specific Requirements: Required for regulated industries with additional data protection requirements
1. Schedule 1: Categories of Personal Data: Detailed list of all types of personal data collected and processed
2. Schedule 2: Data Processing Activities: Comprehensive list of processing activities and their purposes
3. Schedule 3: Security Measures: Detailed description of technical and organizational security measures
4. Schedule 4: Retention Periods: Specific retention periods for different categories of personal data
5. Schedule 5: Approved Third-Party Processors: List of approved third-party processors and their roles
6. Appendix A: Data Subject Access Request Form: Standard form for employees to request access to their personal data
7. Appendix B: Data Breach Reporting Form: Standard form for reporting potential data breaches
8. Appendix C: Privacy Policy: Company's general privacy policy referenced in the agreement
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