Reference Consent Form for Hong Kong

Reference Consent Form Template for Hong Kong

A comprehensive consent form designed for use in Hong Kong that enables individuals to authorize their current or former employers to provide employment references. This document complies with Hong Kong's Personal Data (Privacy) Ordinance and relevant employment laws, establishing clear parameters for the sharing of personal and professional information. It includes specific provisions for data protection, scope of authorized information, and duration of consent, while protecting the interests of both the reference subject and the reference provider under Hong Kong jurisdiction.

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What is a Reference Consent Form?

The Reference Consent Form is a crucial document in Hong Kong's employment landscape, designed to facilitate the reference checking process while ensuring compliance with local privacy and employment laws. This document becomes necessary when an individual needs to authorize their current or former employer to provide employment references to prospective employers or other authorized parties. The form must align with the Personal Data (Privacy) Ordinance (Cap. 486) and incorporate specific provisions for data protection and consent management. It typically includes details about the scope of information that can be shared, the duration of consent, and the rights of the reference subject. The Reference Consent Form serves as a protective mechanism for all parties involved, establishing clear boundaries for information sharing while maintaining legal compliance in Hong Kong's jurisdiction.

What sections should be included in a Reference Consent Form?

1. Personal Details: Subject's full name, contact information, and any relevant identification details as required by Hong Kong law

2. Reference Provider Details: Current/former employer or reference provider's information, including company name, contact person, and position

3. Scope of Consent: Clear specification of what information the subject agrees to have shared, including employment dates, job titles, responsibilities, and performance

4. Data Protection Notice: Statement regarding how the personal data will be handled in accordance with the Personal Data (Privacy) Ordinance

5. Duration of Consent: Specification of how long the consent remains valid and any expiration dates

6. Declaration: Subject's confirmation of understanding and voluntary consent, including acknowledgment of rights under privacy laws

7. Signature Block: Space for subject's signature, date, and witness signature if required

What sections are optional to include in a Reference Consent Form?

1. Specific Exclusions: Section listing any specific information that the subject does not consent to be shared, used when the subject wants to restrict certain information

2. Third Party Recipients: List of specific organizations or individuals authorized to receive the reference, used when reference sharing needs to be restricted to named parties

3. Language Declaration: Declaration that the subject understands the content in their preferred language, used when the subject's primary language is not English or Chinese

4. Revocation Rights: Detailed explanation of how consent can be withdrawn, used in cases where ongoing or multiple references may be provided

What schedules should be included in a Reference Consent Form?

1. Schedule 1 - Authorized Information Checklist: Detailed checklist of specific information categories that may be shared, allowing subject to select or deselect specific items

2. Schedule 2 - Privacy Policy Summary: Summary of relevant privacy policy points and data protection measures applicable to the reference process

3. Appendix A - Rights Summary: Summary of the subject's rights under Hong Kong privacy laws regarding their personal data and references

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

Reference Letter

Cost

Free to use
Relevant Industries

Banking and Financial Services

Professional Services

Technology

Healthcare

Education

Retail

Manufacturing

Construction

Hospitality

Legal Services

Telecommunications

Insurance

Real Estate

Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Data Protection

Recruitment

Employee Relations

Corporate Governance

Personnel Administration

Relevant Roles

HR Manager

HR Director

Legal Counsel

Compliance Officer

Privacy Officer

Recruitment Manager

HR Business Partner

Employment Relations Manager

Data Protection Officer

Personnel Administrator

HR Coordinator

Talent Acquisition Specialist

HR Operations Manager

Legal Manager

Corporate Secretary

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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