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Data Protection Notice

Data Protection Notice Template for Hong Kong

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Key Requirements PROMPT example:

Data Protection Notice

"I need a Data Protection Notice for my Hong Kong-based fintech startup that will collect customer financial data and share it with banking partners in mainland China, to be implemented by March 2025."

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Document background
A Data Protection Notice is a mandatory document for organizations operating in Hong Kong that collect, process, or handle personal data. This notice must comply with the Personal Data (Privacy) Ordinance (PDPO) and guidelines issued by the Privacy Commissioner for Personal Data (PCPD). The document serves as a transparent communication tool between organizations and data subjects, explaining how personal data is collected, used, stored, and protected. Organizations must provide this notice to data subjects at or before the time of data collection, detailing the purposes of collection, potential recipients of the data, and data subjects' rights. The notice should be regularly reviewed and updated to reflect any changes in data handling practices or regulatory requirements.
Suggested Sections

1. Introduction: Overview of the organization and purpose of the notice

2. Types of Personal Data Collected: Comprehensive list of personal data categories collected

3. Purposes of Collection: Detailed explanation of why personal data is collected and how it will be used

4. Data Storage and Security: Information about how data is stored and protected

5. Retention Period: How long different types of personal data will be kept

6. Third Party Sharing: Information about which third parties data might be shared with and why

7. Data Subject Rights: Explanation of rights under the PDPO including access and correction

8. Contact Information: Details of the Data Protection Officer or responsible person/department

9. Updates to This Notice: Information about how changes to the notice will be communicated

Optional Sections

1. Direct Marketing: Required if personal data will be used for direct marketing purposes, including opt-in/opt-out procedures

2. Cross-border Transfers: Required if personal data will be transferred outside of Hong Kong

3. Cookies and Tracking: Required for online services that use cookies or similar tracking technologies

4. Automated Decision Making: Required if automated decision-making processes are used

5. Children's Privacy: Required if services may be used by or data collected from children

6. Special Categories of Data: Required if sensitive personal data (like health information) is collected

Suggested Schedules

1. Schedule 1: Detailed Data Categories: Comprehensive list of all personal data categories collected, including examples

2. Schedule 2: Third Party Recipients: Detailed list of categories of third parties who may receive personal data

3. Schedule 3: Technical and Security Measures: Detailed description of security measures implemented to protect personal data

4. Schedule 4: Retention Schedule: Detailed retention periods for different categories of 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

Financial Services

Healthcare

Retail

Technology

Education

Professional Services

E-commerce

Telecommunications

Insurance

Real Estate

Manufacturing

Hospitality

Transportation

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Human Resources

Marketing

Customer Service

Operations

Risk Management

Data Protection

Privacy

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Chief Compliance Officer

Legal Counsel

Privacy Manager

Compliance Manager

Information Security Officer

Risk Manager

IT Director

Human Resources Director

Marketing Director

Operations Manager

Customer Service Manager

Industries
Personal Data (Privacy) Ordinance (Cap. 486): Hong Kong's primary legislation governing personal data protection, which sets out the principles for collection, handling, and use of personal data
PCPD Guidelines on Privacy Notices: Official guidelines from the Privacy Commissioner providing specific requirements and best practices for privacy notices and personal information collection statements
PCPD Guidance on Direct Marketing: Specific guidelines relating to the use of personal data in direct marketing activities, including consent requirements and opt-out mechanisms
PCPD Data Breach Guidance: Guidelines on handling and notification requirements for data breaches, which should be referenced in privacy notices
Cross-border Transfer Guidelines: Guidelines regarding the transfer of personal data outside of Hong Kong, which must be addressed in privacy notices if applicable
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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