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Data Security Agreement

Data Security Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Data Security Agreement

"I need a Data Security Agreement for my Hong Kong-based fintech company engaging a cloud service provider from January 2025, with specific provisions for handling payment data and cross-border transfers to Singapore."

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Document background
The Data Security Agreement is essential for organizations operating in Hong Kong that engage in data sharing, processing, or storage activities with third parties. This document has become increasingly critical due to rising cybersecurity threats and stricter regulatory requirements under Hong Kong's data protection framework. The agreement typically addresses technical security measures, incident response procedures, compliance with the Personal Data (Privacy) Ordinance, and specific obligations for protecting sensitive information. It is particularly relevant when engaging service providers, implementing new technology solutions, or establishing data processing relationships. The Data Security Agreement serves as a crucial risk management tool, ensuring clear allocation of responsibilities and establishing robust security standards while maintaining compliance with Hong Kong's legal requirements.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of data sharing/processing

3. Definitions: Detailed definitions of key terms including Personal Data, Security Breach, Security Requirements, Confidential Information, etc.

4. Scope of Agreement: Details of the data processing activities covered, types of data involved, and permitted purposes

5. Data Security Requirements: Specific security measures required for data protection, including technical and organizational measures

6. Data Processing Obligations: Obligations regarding data collection, processing, storage, and disposal

7. Security Breach Notification: Procedures for reporting and handling security incidents and data breaches

8. Audit and Compliance: Rights to audit and requirements for demonstrating compliance

9. Confidentiality Obligations: Requirements for maintaining confidentiality of data and information

10. Term and Termination: Duration of agreement and circumstances for termination

11. Return or Destruction of Data: Obligations regarding data handling upon termination

12. Liability and Indemnification: Allocation of risk and responsibility for security breaches

13. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Cross-border Data Transfers: Requirements for international data transfers, particularly relevant if data will be transferred outside Hong Kong

2. Subcontracting: Terms governing the appointment and obligations of subcontractors who may process data

3. Insurance Requirements: Specific insurance obligations for cybersecurity and data breach coverage

4. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., financial services, healthcare)

5. Data Subject Rights: Procedures for handling data subject requests and rights under PDPO

6. Business Continuity: Requirements for maintaining business continuity and disaster recovery plans

7. Service Levels: Specific performance metrics and standards for security measures

Suggested Schedules

1. Schedule 1: Security Requirements: Detailed technical and organizational security measures required

2. Schedule 2: Types of Personal Data: Comprehensive list of personal data types covered by the agreement

3. Schedule 3: Authorized Personnel: List of authorized personnel who may access the data and their security clearance levels

4. Schedule 4: Security Breach Response Plan: Detailed procedures for responding to and managing security incidents

5. Schedule 5: Compliance Checklist: Checklist of compliance requirements and regular security assessments

6. Schedule 6: Data Processing Activities: Detailed description of all data processing activities covered by the agreement

7. Appendix A: Technical Standards: Specific technical standards and protocols to be followed

8. Appendix B: Security Audit Requirements: Details of security audit procedures and requirements

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 legal definitions
Agreement
Applicable Law
Authorized Personnel
Breach Notification
Business Day
Confidential Information
Data
Data Controller
Data Processor
Data Protection Laws
Data Security Incident
Data Subject
Effective Date
Force Majeure
Good Industry Practice
Information Security Policy
Intellectual Property Rights
Personal Data
Privacy Commissioner
Processing
Security Breach
Security Requirements
Sensitive Personal Data
Services
Technical and Organizational Measures
Term
Third Party
Unauthorized Access
Security Controls
Security Standards
Subcontractor
System
Data Center
Disaster Recovery Plan
Business Continuity Plan
Encryption
Access Controls
Authentication Measures
Audit Trail
Regulatory Requirements
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Insurance

Banking

Manufacturing

Retail

Logistics

Government

Consulting

Relevant Teams

Legal

Information Security

IT Operations

Compliance

Risk Management

Data Protection

Information Technology

Procurement

Privacy

Security Operations

Vendor Management

Information Governance

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Privacy Officer

Information Security Manager

IT Director

Compliance Manager

Risk Manager

Legal Counsel

Chief Technology Officer

Security Operations Manager

Data Protection Manager

IT Security Analyst

Privacy Counsel

Information Governance Manager

Chief Compliance Officer

IT Procurement Manager

Industries
Personal Data (Privacy) Ordinance (Cap. 486): The primary legislation governing the collection, handling, processing, and use of personal data in Hong Kong. It sets out six data protection principles and requirements for data security measures.
Electronic Transactions Ordinance (Cap. 553): Provides legal framework for electronic transactions and digital signatures, relevant for security requirements in electronic data transmission and storage.
Crimes Ordinance (Cap. 200): Contains provisions relating to computer crimes and unauthorized access to computer systems, which are relevant for data security obligations.
Hong Kong Common Law: Relevant case law and principles relating to confidentiality, breach of confidence, and contractual obligations for data protection.
Telecommunications Ordinance (Cap. 106): Regulates telecommunications operations and includes provisions relevant to data security in telecommunications networks.
Practice Guide on Protection of Personal Data for Cloud Computing: Guidelines issued by the Privacy Commissioner providing specific recommendations for cloud computing security measures.
General Data Protection Regulation (GDPR) Considerations: While not Hong Kong law, GDPR compliance may be relevant if dealing with EU data subjects or businesses.
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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