A Hong Kong-based company is set to start a pilot scheme next month that will allow its clients in the banking, credit referencing and healthcare sectors to bypass China’s Great Firewall. This will enable them to access scientific data from across the country, and could lead to broader cross-border collaboration between companies in the region.
The PCPD has published its guidance on cross-border data transfer and recommended model clauses that should be included in contracts dealing with personal data transfers. This is intended as a guide for voluntary compliance. However, we expect that it will become increasingly common for businesses to be required to agree to these provisions as a condition of the importation of personal data from some EEA jurisdictions.
It is also likely that a growing number of businesses will have to contribute to transfer impact assessments conducted by the EEA authorities in respect of the personal data that they export to them from the EEA. These assessments will often require them to agree to the aforementioned recommended model clauses and to undertake a review of their data protection practices in light of these.
A key issue in this context is how a business that is a data user in Hong Kong fulfils its obligations under the PDPO when it exports personal data to another jurisdiction. A data user is defined as a person who, alone or jointly and in common with other persons, controls the collection, holding, processing or use of personal data (DPP 1). If a business is a data user in Hong Kong, then it must fulfil a range of statutory obligations in respect of the six DPPs that form core data obligations under privacy law in Hong Kong.
Therefore, it is important that businesses understand how their responsibilities are affected by the fact that they export data overseas. This will help them to make informed decisions about how to protect their personal data in these circumstances.
As a leading technology distributor in the Asia-Pacific market, Tech Data HK plays an essential role in the digital ecosystem by enabling wholesalers, resellers, retailers and end-users to maximize their business outcomes with solutions that are best suited to their individual requirements. This is achieved by providing them with the right mix of high-quality products, professional services and support.
Tech Data HK also serves as the link between its channel partners and its vendors, providing customers with a single, trusted source of information, support and services across the globe. This enables them to better manage their investments, increase efficiency and improve business performance. In addition, it helps them to better understand the products and solutions they offer to their customers, thereby enhancing their competitive edge. As a result, Tech Data HK has become the trusted partner of many industry-leading technology vendors and their global customer base. This strong relationship is a major source of revenue for the Company. In the future, Tech Data will continue to grow its business by expanding its global footprint and leveraging its market-leading position in the Asia-Pacific region.