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A Data Processing Agreement sets clear rules for how companies handle personal data when working together in Hong Kong. It's particularly important under the Personal Data (Privacy) Ordinance, as it spells out each party's responsibilities when one organization processes data on behalf of another.

The agreement covers key details like data security measures, confidentiality requirements, and what happens if there's a data breach. Companies commonly use these agreements when outsourcing services like cloud storage, payroll processing, or customer support - making sure everyone follows local privacy laws while protecting sensitive information.

You need a Data Processing Agreement when sharing personal data with external service providers in Hong Kong. This includes common scenarios like hiring cloud storage providers, using HR software platforms, or working with marketing agencies that handle customer information.

The agreement becomes essential before letting third parties process sensitive data covered by the Personal Data (Privacy) Ordinance. For example, when outsourcing payroll services, using customer relationship management systems, or engaging IT contractors who can access employee records. It protects your organization by clearly defining data handling responsibilities and security requirements.

• Data Processing Addendum: Supplements existing service contracts with specific data handling terms, commonly used for updating vendor relationships to meet privacy requirements
• Data Confidentiality Agreement: Focuses specifically on data secrecy and protection measures, often used with contractors or consultants who need limited data access
• Contributor Licence Agreement: Specialized version for open-source projects or collaborative platforms handling user-contributed data in compliance with Hong Kong privacy laws

• Data Controllers: Hong Kong companies who own and determine how personal data is used, like banks, insurers, or retailers who collect customer information
• Data Processors: Service providers who handle data on behalf of controllers, such as cloud storage providers, payroll processors, or marketing agencies
• Legal Teams: In-house counsel or external law firms who draft and review agreements to ensure compliance with the Personal Data (Privacy) Ordinance
• Privacy Officers: Specialists who oversee data protection practices and monitor compliance with processing agreements

• Identify Data Flows: Map out exactly what personal data will be shared, how it will be used, and where it will be stored
• Security Requirements: List specific security measures needed based on data sensitivity and Hong Kong privacy laws
• Party Details: Gather full legal names, addresses, and roles of all parties involved in data processing activities
• Processing Scope: Define clear boundaries for data handling, including duration, purpose, and any subprocessing arrangements
• Compliance Checks: Our platform ensures your agreement includes all mandatory elements under the Personal Data (Privacy) Ordinance

• Scope Definition: Clear description of data types, processing activities, and purposes under Hong Kong's privacy laws
• Security Measures: Specific technical and organizational safeguards required to protect personal data
• Data Transfer Rules: Protocols for moving data across borders and between parties
• Breach Response: Procedures and timelines for reporting and handling data incidents
• Termination Terms: Clear rules for data return or deletion when the agreement ends
• Legal Framework: Our platform automatically includes all elements required by the Personal Data (Privacy) Ordinance, ensuring full compliance

A Data Processing Agreement differs significantly from a Data Sharing Agreement in both purpose and scope. While both deal with personal data, they serve distinct functions under Hong Kong's privacy laws.

• Purpose and Control: Data Processing Agreements govern how a service provider handles data on behalf of another company, while Data Sharing Agreements cover mutual exchange of data between equal partners
• Legal Obligations: Processing agreements focus on security measures and compliance responsibilities of the processor, whereas sharing agreements establish joint data ownership and usage rights
• Risk Management: Processing agreements primarily protect the data controller by limiting processor activities, but sharing agreements distribute liability and responsibilities between both parties equally
• Operational Scope: Processing agreements typically cover ongoing service relationships, while sharing agreements often address specific data exchange projects or collaborations