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Hong Kong’s 2022 Guidance on Cross-border Data Transfers – Implications for Data Users and Processors

By Gabriela Kennedy & Joshua T.K. Woo on June 2, 2022
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On 12 May 2022, the Hong Kong Privacy Commissioner for Personal Data (PCPD) issued a Guidance Note on the Recommended Model Contractual Clauses for Cross-border Transfers of Personal Data (2022 Guidance).

The 2022 Guidance is split into three “parts”:

  1. Part 1 is an introduction of the 2022 Guidance and the rationale underpinning it;
  2. Part 2 is an explanation on the use of the Recommended Model Contractual Clauses; and
  3. Part 3 is the Schedule which sets out the recommended model clauses.

Continue reading.

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:
    Privacy & Data Security
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown
  • Article: View Original Source

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