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The Chamber of No Secrets: What Tech and Data/Content-Driven Companies Need to Know about the Hong Kong National Security Law

By Gabriela Kennedy on July 28, 2020
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On 30 June 2020, the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL), was passed by the Standing Committee of the National People’s Congress in China and officially listed in Annex III of the Hong Kong Basic Law. It came into effect in Hong Kong on the same date – a day before the 23rd anniversary of the transfer of sovereignty over Hong Kong from the U.K. back to the People’s Republic of China (PRC). The NSL was enacted in the aftermath of a year of social unrest in Hong Kong and introduced criminal sanctions against acts of secession, subversion, terrorism, and collusion with foreign or external forces. The NSL aims to regulate behaviour through increased scrutiny but its knock-on effects, including the almost immediate response from the U.S., will likely give rise to far-reaching consequences for the technology and service sectors given the introduction of new export sanctions for Hong Kong, the increased powers of local enforcement authorities to gain access to data as well as other trade issues that will affect the way technology companies and other businesses operate in the region.

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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:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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