Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 JULY 2022

Cross-border Data Transfers Between Hong Kong And Mainland China - What Do We Need To Know?

Withers LLP
Withers LLP
Contributor
Withers LLP

Withers LLP

Withers is an international law firm focused on the personal, business and philanthropic interests...

View firm profile
Explore more from Withers LLP

Whilst travel between Hong Kong and mainland China may still be subject to constraints, data and information still continue to flow seamlessly across the two regions every second with the help of modern technology.

GlobalPrivacy
Daniel Tang
Daniel Tang
Winnie Weng
Winnie Weng
Joyce He
Joyce He
Author LinkedIn connections

如欲閱讀繁體中文版，請點擊這裡 。
如欲阅读简体中文版，请点击这里 。

Whilst travel between Hong Kong and mainland China may still be subject to constraints, data and information still continue to flow seamlessly across the two regions every second with the help of modern technology. With new rules and measures on data protection being rolled out globally, what is the position of Hong Kong and mainland China on cross-border data transfers?

Hong Kong

In Hong Kong, the Privacy Commissioner for Personal Data (" PCPD ") is responsible for overseeing the implementation of and compliance with provisions of the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO"). Whilst the PCPD strives to ensure that personal data are protected in Hong Kong, it also recognises the need to exercise their power within a defined boundary so as not to stifle free flow of information, which is believed to be the life-blood of a data driven economy.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ten AI Giants, One Regulator And A Lesson For Everyone Else: What The ICO’s Foundation Model Report Really Tells Us

The UK's Information Commissioner's Office has completed its supervision of major AI foundation model developers, revealing significant gaps in data protection practices and setting new expectations for legitimate interests assessments, transparency, and special category data handling. The regulator has now turned its attention to agentic AI systems, warning that autonomy is not an excuse for poor compliance and launching a call for evidence that will shape future regulatory guidance.
United KingdomPrivacy
Burges Salmon LLP
Burges Salmon LLP
Article

To Fine Or Not To Fine: EDPB Confirms Default Position In GDPR Enforcement Should Be To Fine

The European Data Protection Board has published draft guidelines proposing a fundamental shift in GDPR enforcement: a presumption that fines should be imposed for non-minor infringements, with a deliberately low bar for establishing negligence. Organizations will need to demonstrate robust compliance programs and documented decision-making to potentially avoid penalties, as regulators move from asking "should we fine?" to "can we justify not fining?"
GlobalPrivacy
Crowell & Moring LLP
Crowell & Moring LLP
Article

ICO Cookie Crackdown 2.0: The ICO’s New Storage And Access Technologies Guidance

The UK Information Commissioner's Office has finalized its guidance on storage and access technologies, expanding compliance requirements beyond traditional cookies to include tracking pixels, device fingerprinting, and web storage. Organizations must now navigate stricter consent standards and three new narrow exceptions introduced by the Data (Use and Access) Act 2025, while facing significantly increased enforcement penalties of up to £17.5 million or 4% of annual worldwide turnover.
United KingdomPrivacy
ZwillGen
ZwillGen
Article

Private CCTV, Ring Doorbells And Police Investigations: Where Does UK GDPR Draw The Line?

Domestic surveillance technology has evolved from simple security cameras to sophisticated smart systems that may inadvertently create legal obligations for homeowners. When does a Ring doorbell or CCTV system transform an ordinary citizen into a data controller subject to UK GDPR, and what are the implications of millions of private cameras forming an unregulated surveillance network?
United KingdomPrivacy
HCR Law
HCR Law
Article

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.
GlobalPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

A 5% Wealth Tax? Preparing Clients For California's Billionaire Tax Act

California's proposed Billionaire Tax Act would impose a onetime 5% excise tax on individuals and trusts with assets exceeding $1 billion, creating unprecedented challenges for estate planners. The retroactive application and anti-abuse provisions raise critical questions about the treatment of grantor trusts, non-grantor trusts, and beneficiary interests that deviate significantly from established federal wealth transfer tax principles.
United StatesTax
Withers LLP
Withers LLP
Article

Navigating Florida’s New Trust, Probate And Series LLC Statutes

Florida has enacted significant statutory changes affecting trust administration, probate procedures, and business entity formation. These reforms introduce streamlined nonjudicial processes for trustee discharge, expand access to simplified probate administration, and establish a new framework for protected series LLCs that offers enhanced asset protection and operational flexibility for estate planners and business owners.
United StatesWealth Management
Withers LLP
Withers LLP
Article

Major Overhaul Of F-1, J-1: End Of "Duration Of Status" Or "D/S" - Fixed Admission Periods And New Extension Of Stay Requirements

The Department of Homeland Security has published a final rule eliminating the long-standing "duration of status" framework for F-1 students, J-1 exchange visitors, and I foreign media representatives, replacing it with fixed admission periods capped at four years. Students and exchange visitors who need additional time will now be required to file Extension of Stay applications with USCIS or depart and re-enter the United States. The rule, effective September 15, 2026, introduces significant restrictions o
United StatesImmigration
Withers LLP
Withers LLP
Article

New Chinese Mainland Offshore Trust Tax Regime: Immediate Implications For Settlors, Beneficiaries And Trustees

China's Ministry of Finance and State Taxation Administration have issued comprehensive new regulations governing offshore trust taxation, creating a framework that applies throughout the entire lifecycle of offshore trusts from initial funding to succession. These sweeping changes, effective immediately with a 90-day compliance window, impose Chinese Mainland taxes at multiple points for residents who have established offshore trusts, while also extending reach to non-residents with Chinese Mainland-source
ChinaTax
Withers LLP
Withers LLP
Article

Navigating Japan's Foreign Investment Rules: Key Requirements And The 2026 Reform Update

Japan's Foreign Exchange and Foreign Trade Act amendments, promulgated in June 2026, introduce significant changes to foreign direct investment screening procedures. These modifications expand regulatory oversight to include indirect acquisitions, mandate reporting of risk mitigation measures, and grant authorities enhanced powers to address national security concerns even after transactions are completed.
JapanGovernment, Public Sector
Withers LLP
Withers LLP