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Get Your Ducks in a Row: Changes to Payment Regulations in Hong Kong Against a Backdrop of Increasing Cybersecurity Threats

By Gabriela Kennedy on December 10, 2015
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Greater scrutiny of financial institutions and contactless credit card payments is now the norm against the backdrop of increasing cybersecurity threats. While financial institutions are clearly subject to stringent regulations on their handling of customer data and money and security obligations, there was no control over new entrants to this market, whose main sphere of activity is non-financial, nor was there any control over the way they could conduct their payment activities. Customer information held by these companies, and money stored on their facilities, are just as vulnerable (maybe even more so) to theft and cyber attacks as is the data held by financial institutions. It no longer made sense to leave this area unregulated.

On 13 November 2015, the new regulatory regime for stored value facilities and retail payment systems came into operation under the Payment Systems and Stored Value Facilities Ordinance (formerly the Clearing and Settlements System Ordinance). The Payment Systems and Stored Value Facilities Ordinance introduces new regulations for all non-financial institutions that issue and operate certain payment systems, which will now be under the scrutiny of the Hong Kong Monetary Authority.

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Photo of Gabriela Kennedy Gabriela Kennedy

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP…

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP Transactions practices. She is based in Hong Kong, practising intellectual property, media, information technology and telecommunications law. She handles the full spectrum of intellectual property work from litigation to licensing, strategic advice and portfolio management. Gabriela advises extensively on technology and data protection issues in Hong Kong and throughout Asia, particularly in relation to business processing outsourcing, the cross-border transfer of data, data compliance, data breaches and cybersecurity issues. She has handled a number of data breach complaints filed with the Privacy Commissioner in Hong Kong and has conducted in-depth data audits and drafted/devised privacy manuals and procedures for the Asia operations of a number of multi-national companies. On the information technology side, Gabriela’s particular expertise includes advising on complex IT transactions and projects, IT outsourcing, cloud-computing, mobile payments, smart card projects, the regulation of encryption technology, software licensing, and disputes stemming from failed IT projects. She has been involved with a number of international organisations in discussions involving standard setting for the cross-border transfer of data and the formulation of strategies to deal with cyber-security.

Read Gabriela’s full bio.

Read more about Gabriela KennedyEmail
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  • Posted in:
    Banking, Finance and Securities, Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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