Hong Kong: Issued PCPD Guidance on Recommended Model Contractual Clauses for Cross-Border Personal Data Transfers

On 12 May 2022, the Hong Kong Privacy Commissioner for Personal Data (PCPD) issued its Guidance on Recommended Model Contractual Clauses for Cross-border Transfer of Personal Data. The Guidance contains two sets of Recommended Model Contractual Clauses (RMCs) for use in two cross-border data transfer scenarios: the transfer of data from one data user to another; and the transfer of data from data user to data processor. Furthermore, the Guidance outlines the applicable rules for cross-border data transfers, including the fact that permission is required if data is to be used for another purpose than the one originally agreed, as well as the due diligence obligations of the transferor.