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ARTICLE · 03 JUNE 2022

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Hong Kong's 2022 Guidance On Cross-border Data Transfers - Implications For Data Users And Processors

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On 12 May 2022, the Hong Kong Privacy Commissioner for Personal Data (PCPD) issued a Guidance Note on the Recommended Model Contractual Clauses for Cross-border Transfers of Personal Data (2022 Guidance).

Hong KongPrivacy
Gabriela Kennedy
Gabriela Kennedy
Joshua T. K. Woo
Joshua T. K. Woo
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Introduction

On 12 May 2022, the Hong Kong Privacy Commissioner for Personal Data (PCPD) issued a Guidance Note on the Recommended Model Contractual Clauses for Cross-border Transfers of Personal Data (2022 Guidance).

The 2022 Guidance is split into three "parts":

  1. Part 1 is an introduction of the 2022 Guidance and the rationale underpinning it;
  2. Part 2 is an explanation on the use of the Recommended Model Contractual Clauses; and
  3. Part 3 is the Schedule which sets out the recommended model clauses.

The PCPD last issued a guidance note on Personal Data Protection in Cross-border Data Transfer in December 2014 (2014 Guidance). The 2014 Guidance also included a set of model data transfer clauses, though the clauses made heavy reference to the Personal Data (Privacy) Ordinance (PDPO) and consequently had to be governed by the laws of Hong Kong in order to achieve certainty on the application and enforcement of the PDPO. The 2014 model clauses also did

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