Personal Data Protection In Hong Kong And Mainland China

Personal data protection law in Mainland China and in the Hong Kong Special Administrative Region are two separate and, indeed, quite distinct systems – the former being more recent, fragmented, and based on general notions, the latter dating back to the 1990s, being more integrated in composition and analytical in style. Operators entering the markets of these jurisdictions are well advised to take into account their respective legal specificities.

Many of the activities involving collection and use of data are intrinsically cross-border ones. This poses similar issues (essentially, extra-territorial application issues) for both Hong Kong statutes and Mainland China statutes.