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Consent And Declaration Form

Consent And Declaration Form Template for Hong Kong

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Key Requirements PROMPT example:

Consent And Declaration Form

"I need a Consent And Declaration Form for my Hong Kong medical clinic that will be used to obtain patient consent for collecting health data and sharing it with affiliated specialists, including provisions for telemedicine services starting January 2025."

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Document background
The Consent And Declaration Form is a fundamental document used in Hong Kong to ensure compliance with data privacy laws while obtaining formal declarations from individuals. It becomes necessary when organizations need to collect personal data and require explicit consent for specific processing activities, while simultaneously requiring formal declarations from the individual regarding the accuracy of information provided or acknowledgment of certain conditions. The document must comply with the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and other relevant regulations, making it particularly important in scenarios involving sensitive personal data, financial information, or legal declarations. This form serves as evidence of informed consent and can be crucial in establishing the legality of data processing activities and the validity of declarations made.
Suggested Sections

1. Personal Information: Details of the individual providing consent and making declarations, including full name, ID/passport number, contact information

2. Purpose of Collection: Clear statement of why the personal information is being collected and how it will be used

3. Consent Statements: Specific items for which consent is being sought, clearly itemized and separated

4. Data Processing Details: Information about how the personal data will be processed, stored, and protected

5. Third Party Disclosure: Details of any third parties who may have access to the information and the purpose of such access

6. Rights of the Data Subject: Clear explanation of the individual's rights regarding their personal data, including right to access, correct, and withdraw consent

7. Declaration: Formal declaration of the truth and accuracy of information provided

8. Acknowledgment: Confirmation that the individual has read, understood, and agrees to all terms

9. Signature Block: Space for signature, date, and witness details if required

Optional Sections

1. Medical Information Consent: Additional section for healthcare-related forms where medical information needs to be collected and processed

2. Financial Information Consent: Section for forms requiring consent for collection and processing of financial information

3. Photography/Media Release: Optional section for consent to use photographs, videos, or other media featuring the individual

4. Marketing Preferences: Optional section for marketing-related consents and preferences

5. Parent/Guardian Consent: Required when the data subject is a minor or lacks capacity to provide consent

6. Digital Communication Consent: Section for consent to receive electronic communications and notices

7. Cross-border Data Transfer: Required when personal data may be transferred outside Hong Kong

Suggested Schedules

1. Schedule 1 - Data Collection Details: Detailed list of all personal data points being collected

2. Schedule 2 - Authorized Third Parties: List of third parties who may receive or process the personal data

3. Schedule 3 - Specific Consents: Itemized list of specific consent items requiring separate acknowledgment

4. Appendix A - Privacy Policy: Full privacy policy or reference to where it can be accessed

5. Appendix B - Data Security Measures: Description of security measures used to protect personal data

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Healthcare

Financial Services

Education

Insurance

Real Estate

Retail

Technology

Professional Services

Human Resources

Government Services

Telecommunications

Travel and Tourism

Non-profit Organizations

Research Institutions

Relevant Teams

Legal

Compliance

Human Resources

Operations

Information Technology

Data Protection

Risk Management

Administrative Services

Customer Relations

Information Security

Research and Development

Relevant Roles

Privacy Officer

Data Protection Officer

Compliance Manager

Legal Counsel

Human Resources Manager

Operations Manager

Customer Service Manager

Risk Manager

Information Security Officer

Administrative Officer

Company Secretary

Business Development Manager

Project Manager

Research Coordinator

Healthcare Administrator

Industries
Personal Data (Privacy) Ordinance (Cap. 486): Primary legislation governing the collection, handling, and use of personal data in Hong Kong. Essential for ensuring proper consent mechanisms and data privacy notifications are included in the form.
Contract Law of Hong Kong: Common law principles governing contract formation and enforcement, ensuring the consent form meets basic contractual requirements of offer, acceptance, consideration, and intention to create legal relations.
Electronic Transactions Ordinance (Cap. 553): Governs the validity of electronic signatures and electronic records, relevant if the consent form can be executed electronically.
Oaths and Declarations Ordinance (Cap. 11): Regulates the making of statutory declarations in Hong Kong, relevant for the declaration component of the form.
Hong Kong Bill of Rights Ordinance (Cap. 383): Ensures the form respects fundamental rights and freedoms, particularly regarding non-discrimination and privacy rights.
Control of Exemption Clauses Ordinance (Cap. 71): Regulates the use and effectiveness of exemption clauses in contracts and forms, ensuring any disclaimers are valid and enforceable.
Official Languages Ordinance (Cap. 5): Relevant for language requirements in official documents, as Hong Kong is bilingual (Chinese and English).
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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