International Data Transfer Addendum

International Data Transfer Addendum Template for Hong Kong

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Key Requirements PROMPT example:

"I need an International Data Transfer Addendum under Hong Kong law for transferring customer financial data from our Hong Kong headquarters to our cloud service provider in Singapore, ensuring compliance with PDPO and including specific provisions for financial services data security standards."

Document background

The International Data Transfer Addendum is essential for organizations transferring personal data internationally from or to Hong Kong. This document supplements primary service agreements or contracts where cross-border data transfers are involved. It is specifically designed to comply with the Hong Kong Personal Data (Privacy) Ordinance (PDPO) while incorporating international data protection standards. The addendum becomes necessary when organizations engage in activities such as cloud computing, outsourcing, intra-group data sharing, or any business operations involving international data flows. It includes detailed provisions on data protection measures, breach notification procedures, audit rights, and data subject rights. The document is particularly important given Hong Kong's role as a global business hub and its increasing focus on data protection compliance in international business operations.

Suggested Sections

1. Parties: Identification of data exporter and data importer, including their roles and contact details

2. Background: Context of the data transfer relationship and reference to the main agreement this addendum supplements

3. Definitions: Key terms used in the addendum, including specific Hong Kong PDPO terminology and international data protection concepts

4. Scope and Purpose of Transfer: Details of the personal data being transferred, purposes of transfer, and processing activities

5. Data Protection Safeguards: Specific measures to ensure compliance with Hong Kong PDPO principles and international standards

6. Technical and Organizational Measures: Security measures implemented to protect the transferred data

7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected

8. Sub-processing: Conditions and requirements for engaging sub-processors

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

10. Audit Rights: Rights and procedures for conducting compliance audits

11. Duration and Termination: Term of the addendum and circumstances for termination

12. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Special Categories of Personal Data: Additional safeguards for sensitive personal data, used when transferring sensitive data categories

2. Data Minimization and Retention: Specific provisions for data minimization and retention periods, used when specific retention requirements exist

3. Cross-border Transfer Mechanisms: Additional provisions for transfers to other jurisdictions, used when onward transfers are contemplated

4. Industry-Specific Requirements: Additional provisions for specific industry requirements (e.g., healthcare, financial services), used when relevant to the sector

5. Emergency Protocols: Special procedures for emergency data access or transfer, used in critical service agreements

6. Insurance Requirements: Specific insurance obligations for data protection, used in high-risk transfers

Suggested Schedules

1. Description of Transfer: Detailed description of the data transfer including data categories, subjects, purposes, and processing activities

2. Technical Security Measures: Detailed technical specifications of security measures implemented

3. Organizational Security Measures: Detailed organizational procedures and policies for data protection

4. Authorized Sub-processors: List of approved sub-processors and their roles

5. Data Subject Request Procedures: Detailed procedures for handling various types of data subject requests

6. Transfer Impact Assessment: Assessment of risks and mitigation measures for the data transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Clauses

Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Manufacturing

Logistics

Insurance

Retail

Hospitality

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Privacy

Risk Management

Operations

Data Governance

Procurement

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Privacy Manager

Risk Manager

Information Security Manager

Operations Director

Chief Technology Officer

General Counsel

Contract Manager

Data Governance Manager

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