International Data Transfer Agreement for Hong Kong

International Data Transfer Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the framework and safeguards for international transfers of personal data. This document ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and incorporates international data protection standards. It details the obligations of both data exporters and importers, specifies technical and organizational measures for data protection, and includes mechanisms for maintaining compliance with Hong Kong and relevant international data protection requirements. The agreement is structured to address various aspects of data transfers including security measures, breach notification procedures, audit rights, and data subject rights.

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What is a International Data Transfer Agreement?

The International Data Transfer Agreement is essential for organizations transferring personal data from Hong Kong to overseas jurisdictions. This document becomes necessary when a Hong Kong entity needs to share personal data with overseas recipients, whether they are group companies, service providers, or other third parties. The agreement ensures compliance with Hong Kong's PDPO and addresses the increasing regulatory scrutiny of international data flows. It includes comprehensive provisions covering data protection obligations, technical security requirements, and mechanisms for maintaining compliance. The document is particularly relevant given Hong Kong's position as a global business center and the need to maintain data protection standards while facilitating international business operations. It should be customized based on the nature of data transfers, receiving jurisdictions, and specific regulatory requirements applicable to the data importer and exporter.

What sections should be included in a International Data Transfer Agreement?

1. Parties: Identification of the data exporter and data importer, including their full legal names, registration details, and addresses

2. Background: Context of the data transfer relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and those derived from PDPO

4. Scope and Purpose of Transfer: Detailed description of the categories of data being transferred and the specific purposes for which the data may be processed

5. Data Protection Obligations: Core obligations regarding data protection, including security measures, confidentiality, and compliance with PDPO principles

6. Technical and Organizational Measures: Mandatory security measures to be implemented by both parties

7. Sub-processing: Rules and restrictions regarding the appointment of sub-processors

8. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights are protected

9. Data Breach Notification: Requirements and procedures for reporting data breaches

10. Audit Rights: Rights of the data exporter to audit the data importer's compliance

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Return or Destruction of Data: Obligations regarding data handling upon termination

13. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

What sections are optional to include in a International Data Transfer Agreement?

1. Data Localization Requirements: Additional provisions when data must be stored in specific jurisdictions, particularly relevant for transfers involving mainland China

2. Special Categories of Data: Additional safeguards when transferring sensitive personal data

3. Cross-border Transfer Mechanism: Specific provisions when using recognized transfer mechanisms like APEC CBPR

4. Business Continuity: Additional provisions for ensuring continuous data protection during disruptions

5. Insurance Requirements: Specific insurance obligations for data protection, if required

6. Joint Controller Provisions: Additional provisions when both parties act as joint controllers rather than controller-processor

7. Third Party Beneficiary Rights: Rights of data subjects to enforce certain terms directly, if applicable

What schedules should be included in a International Data Transfer Agreement?

1. Schedule 1 - Description of Transfer: Detailed description of the data transfers, including categories of data subjects, types of personal data, and processing operations

2. Schedule 2 - Technical and Security Measures: Detailed specification of security measures, encryption standards, and technical requirements

3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their roles

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for the specific transfer scenario

5. Schedule 5 - Data Processing Instructions: Detailed instructions for data processing activities

6. Appendix A - Contact Points: List of key contacts for data protection matters, breach notification, and general communications

7. Appendix B - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses recognized by relevant jurisdictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Healthcare

E-commerce

Professional Services

Telecommunications

Cloud Services

Manufacturing

Education

Insurance

Retail

Logistics and Supply Chain

Banking

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Risk Management

Data Protection

International Operations

Corporate Governance

Information Governance

Procurement

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Legal Counsel

Compliance Manager

IT Security Manager

Risk Manager

Information Governance Manager

Chief Technology Officer

Privacy Manager

Data Protection Specialist

International Business Manager

Operations Director

Chief Legal Officer

Chief Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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