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TDW Tech Talk
Data Transfers: Hong Kong personal data importers and transfer impact assessments
When a Hong Kong personal data importer receives personal data from a data exporter in another location, it is becoming increasingly common for the data exporter to carry out an assessment of the levels of protection in Hong Kong available for the personal data and…Read More
Data Transfers: Protecting personal data by contractual means
The personal data protection regime in Hong Kong does not contain a statutory restriction on the transfer of personal data outside Hong Kong. However, this does not mean that there are no protections in respect of cross-border personal data transfers. In this article, Pádraig Walsh…Read More
Data Transfers: Frameworks for organising cross-border data transfers
There are serious legal consequences to a mishandled cross-border personal data transfer. In this article, Pádraig Walsh from our Data Privacy practice explores the steps a business should take when conducting an international data transfer process. Policy and process Good practice does not happen by…Read More
Data Transfers: The ground rules in Hong Kong
The starting point for understanding data transfers under Hong Kong law is to understand the interpretation of key data privacy concepts in Hong Kong. This may seem obvious first principles, but as Pádraig Walsh from our Data Privacy practice explains, sometimes those principles are same…Read More
Legal update: Security assessment measures on PRC cross-border data transfers
In this snapshot legal update, the Office of the Privacy Commissioner for Personal Data (“PCPD”) reminded businesses in Hong Kong to take timely follow-up actions and seek professional advice to comply with the relevant requirements of the Security Assessment Measures on Cross-border Transfers of Data…Read More
Key Terms of Shareholder Agreements for Investment
1. Overview A shareholder agreement is an agreement between the shareholders of a company. Shareholder agreements establish additional rights and obligations between the shareholders themselves, and supplement the rights under Articles of Association. As Articles of Association are public, often the shareholders wish to set…Read More
Equity Incentive Plans
1. What is an equity incentive plan? An equity incentive plan is a scheme adopted and approved by a company that sets out rules that apply to a contract between a company and an individual to provide the individual an interest in or linked to…Read More
Subscription Agreements for Investment
Overview A subscription agreement sets out the terms of an equity investment into the company. It will set out the commercial terms of the investment such as the subscription price for shares, and the class and number of shares to be purchased. It will bind…Read More
Legal update: Law Reform Commission public consultation on new cyber-crimes
In this snapshot legal update, we report that on 20 July 2022, the cybercrime sub-committee of the Law Reform Commission published a consultation paper with its recommendations to introduce five new cyber crimes into law in Hong Kong. The consultation paper followed a comparative and…Read More
Approaching investors with confidence
Before approaching an investor, remember the five P’s: Proper Preparation Prevents Poor Performance. We recommend conducting background due diligence on the potential investor before meeting to see if the investor is suitable for your business. Here are a few topics to explore: 1. The investment…Read More
Data Breach Case Study: Data loss risk in our physical environment
“Human factors always play a significant role in data breaches.” These simple but wise words resonated in our review of a recent investigation report published by the Privacy Commissioner in Hong Kong on 13 June 2022 regarding the loss of physical files containing sensitive personal…Read More
Due Diligence Tips
Why should you prepare for Due Diligence? It is important to have all the materials concerning due diligence prepared and organised prior to approaching an investor. This will allow you to keep the focus on the actual funding process and transaction documents, rather than responding defensively…Read More
