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Stored Value Facilities: Licensing and Privacy in Hong Kong

By Gabriela Kennedy on October 1, 2016
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Payments & FinTech Lawyer has published Gabriela Kennedy’s article on a statement issued by the Hong Kong Privacy Commissioner (PC) setting out advice on the collection of personal data by Stored Value Facilities (SVF) operators, as the first five stored value facility licenses were granted by the Hong Kong Monetary Authority (HKMA) under the Payment Systems and SVF Ordinance (Cap. 58) (PSSVFO) on 25 August 2016. Gabriela and Karen addressed the risks of being in breach of the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) and of cyber attacks, as SVF operators collect more personal data from consumers. SVF operators should carry out a privacy due diligence exercise to ensure their internal procedures comply with the PDPO and that their security measures are sufficient.

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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.

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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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