Privacy Waiver Template for Hong Kong

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Key Requirements PROMPT example:

Privacy Waiver

"I need a Privacy Waiver for my Hong Kong medical clinic to collect and process patient health data for research purposes, including sharing anonymized data with our research partners in Singapore, to be implemented by March 2025."

Document background
This Privacy Waiver is essential for organizations operating in Hong Kong that need to obtain explicit consent for collecting, processing, or sharing personal data beyond the scope of their standard privacy policies. The document is designed to comply with Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and related regulations, providing a clear framework for both the data controller and the data subject. The Privacy Waiver is particularly relevant when organizations need to use personal data for specific purposes not covered in their general privacy notices, or when handling sensitive personal data requiring explicit consent. It includes detailed specifications about data usage, retention periods, third-party sharing, and cross-border transfers, while ensuring transparency and protecting the rights of individuals under Hong Kong law.
Suggested Sections

1. Parties: Identification of the data subject (person giving the waiver) and the organization/entity receiving the waiver

2. Background: Context explaining why the privacy waiver is needed and its general purpose

3. Definitions: Key terms used in the waiver, including specific types of personal data, processing activities, and other relevant terminology

4. Scope of Waiver: Specific description of what personal data is covered and what privacy rights are being waived

5. Purpose of Data Use: Clear statement of how the personal data will be used and processed

6. Duration: Period for which the waiver remains valid

7. Rights Retained: Statement of what privacy rights the data subject retains despite the waiver

8. Declarations: Confirmations by the data subject regarding understanding of the waiver

9. Execution: Signature blocks and date of execution

Optional Sections

1. Third Party Disclosure: Include when personal data may be shared with or disclosed to third parties

2. Cross-border Transfer: Include when personal data may be transferred outside of Hong Kong

3. Sensitive Personal Data: Include when the waiver covers sensitive personal data such as health information or biometric data

4. Revocation Process: Include when the data subject is given the right to revoke the waiver

5. Data Security Measures: Include when specific security measures for data protection need to be outlined

6. Governing Law and Jurisdiction: Include for complex waivers or when cross-border elements are involved

Suggested Schedules

1. Schedule 1 - Types of Personal Data: Detailed list and description of all personal data covered by the waiver

2. Schedule 2 - Authorized Recipients: List of specific entities or categories of entities authorized to receive the personal data

3. Schedule 3 - Specific Processing Activities: Detailed description of how the personal data will be processed

4. Appendix A - Data Subject Rights: Comprehensive explanation of the data subject's rights under the PDPO and how they are affected by the waiver

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

Relevant legal definitions
Relevant Industries

Financial Services

Healthcare

Education

Technology

Retail

Professional Services

Insurance

Telecommunications

Human Resources

Research and Development

Marketing and Advertising

Real Estate

Legal Services

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Data Protection

Risk Management

Operations

Customer Service

Marketing

Research

Information Security

Privacy

Relevant Roles

Privacy Officer

Data Protection Officer

Compliance Manager

Legal Counsel

HR Director

IT Security Manager

Risk Manager

Operations Director

Research Director

Marketing Manager

Customer Relations Manager

Information Security Officer

Chief Privacy Officer

Chief Compliance Officer

Chief Legal Officer

Industries
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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