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Personal Data Protection Agreement

Personal Data Protection Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Personal Data Protection Agreement

"I need a Personal Data Protection Agreement for my Hong Kong technology company that will be transferring customer data to our cloud service providers in Singapore and Japan, with implementation planned for March 2025."

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Document background
The Personal Data Protection Agreement is essential for organizations operating in Hong Kong that engage in the collection, processing, or transfer of personal data. This agreement is specifically designed to comply with Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and related regulations, providing a robust framework for data protection practices. It becomes necessary when one party (the data controller) engages another party (the data processor) to handle personal data on its behalf, or when organizations need to establish clear protocols for data protection within their corporate group. The document addresses critical aspects such as data security measures, breach notification procedures, cross-border transfers, and data subject rights, while incorporating specific requirements from the Privacy Commissioner for Personal Data (PCPD) guidelines. This agreement is particularly crucial given Hong Kong's status as a major business hub and its stringent data protection regime.
Suggested Sections

1. Parties: Identification of the data user and data processor/controller, including full legal names and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Key terms used in the agreement, aligned with PDPO definitions and including specific technical terms

4. Scope and Purpose: Detailed description of permitted data processing activities and purposes

5. Data Protection Principles: Implementation of the six Data Protection Principles under the PDPO

6. Data Security Measures: Specific security requirements and standards for protecting personal data

7. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

8. Rights of Data Subjects: Procedures for handling data access and correction requests

9. Confidentiality: Obligations regarding confidentiality of personal data

10. Audit Rights: Rights and procedures for auditing compliance with the agreement

11. Term and Termination: Duration of the agreement and termination provisions

12. Return or Destruction of Data: Obligations regarding personal data upon termination

13. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement

Optional Sections

1. International Data Transfers: Provisions for transferring data outside Hong Kong, required when cross-border transfers are contemplated

2. Direct Marketing: Specific provisions for direct marketing activities, required when personal data will be used for direct marketing

3. Sub-processing: Terms governing the appointment and oversight of sub-processors, needed when sub-processors may be engaged

4. Special Categories of Data: Additional protections for sensitive personal data, required when processing sensitive data

5. Data Protection Impact Assessment: Requirements for DPIAs, recommended for high-risk processing activities

6. Insurance Requirements: Specific insurance obligations, recommended for high-value or high-risk processing

7. Business Continuity: Business continuity and disaster recovery requirements, recommended for critical processing activities

Suggested Schedules

1. Schedule 1: Categories of Personal Data: Detailed list of personal data types being processed

2. Schedule 2: Processing Activities: Detailed description of specific processing activities permitted under the agreement

3. Schedule 3: Technical and Organizational Measures: Detailed security measures and controls to be implemented

4. Schedule 4: Approved Sub-processors: List of approved sub-processors and their processing activities

5. Schedule 5: Data Transfer Mechanisms: Details of mechanisms used for international data transfers

6. Appendix A: Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Appendix B: Data Subject Request Procedures: Procedures for handling data subject access and correction requests

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions












































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Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Education

Professional Services

Insurance

Telecommunications

Retail

Human Resources

Marketing and Advertising

Healthcare Technology

Banking

Consulting

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Risk Management

Privacy Office

Operations

Data Protection

Information Governance

Technology Operations

Security Operations

Data Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Manager

Compliance Officer

Legal Counsel

IT Security Manager

Risk Manager

Operations Director

Chief Technology Officer

Information Security Analyst

Privacy Analyst

Compliance Manager

Data Protection Specialist

Information Governance Manager

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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