The Personal Data Transfer Agreement is essential for organizations transferring personal data under Hong Kong law, particularly when data is shared between different entities or across borders. This document becomes necessary when organizations need to ensure compliance with the Personal Data (Privacy) Ordinance (Cap. 486) and maintain appropriate data protection standards during transfers. It is particularly relevant in scenarios involving outsourcing, cloud services, group company transfers, or service provider arrangements. The agreement should be used whenever personal data will be transferred from one data user to another, whether domestically or internationally, and needs to address specific requirements under Hong Kong law while potentially considering international data protection standards. The document includes comprehensive provisions on security measures, data handling procedures, breach notifications, and compliance requirements, making it a crucial tool for maintaining data protection compliance in business operations.

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

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

3. Definitions: Key terms including Personal Data, Processing, Data Subject, Transfer, Security Measures, and applicable laws

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

5. Obligations of Data Exporter: Responsibilities of the sending party including data accuracy, lawful collection, and compliance with local laws

6. Obligations of Data Importer: Commitments regarding data processing, security measures, and compliance with data protection standards

7. Security Measures: Technical and organizational measures required to protect the transferred data

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

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

10. Audit Rights: Rights of the data exporter to verify compliance and conduct audits

11. Term and Termination: Duration of the agreement and conditions for termination

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

13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

14. General Provisions: Standard clauses including severability, entire agreement, and amendments