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Legal Updates
Data Transfers: The curious case of cross-border data transfers in Hong Kong
The Personal Data (Privacy) Ordinance (the “PDPO”) was passed in 1995 and took effect from December 1996. One of its key provisions was a restriction on cross-border data transfers in section 33. More than 25 years later, section 33 is still not yet in operation….Read More
Legal Update: Developments in virtual asset regulation in Hong Kong
In this snapshot legal update, we report on various announcements and policy updates announced during Hong Kong FintechWeek in respect of virtual assets (“VA”). On 31 October 2022, the Securities and Futures Commission (“SFC”) issued a circular on virtual asset futures exchange-traded funds (“VA Futures…Read More
Questions regarding same-sex marriage to be heard in the Court of Final Appeal
On 10 November 2022, the Court of Appeal granted leave to appeal against its judgment in Sham Tsz Kit (岑子杰) v Secretary for Justice [2022] HKCA 1247. The Court of First Instance had dismissed Mr Sham’s application for judicial review, which argued that the (1)…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
Legal Update: “Consultant” to employer company held criminally liable for non-payment of wages
Introduction Any employer who, “wilfully and without reasonable excuse”, fails to pay wages to an employee within 7 days of the wage period or date of termination of employment may commit an offence under section 63C of the Employment Ordinance (the “EO”). The punishment can…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
Legal update: SFC review of online investment services
In this snapshot legal update, we report that on 31 August 2022, the Securities and Futures Commission issued a circular to licensed corporations in relation to the SFC’s review of online brokerage, distribution and advisory services (the “Circular”). The SFC conducted a review of the…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
Legal update: Consultation on proposed acceptance of commitments from seven car distributors
In this snapshot legal update, we report that on 1 August 2022, the Competition Commission commenced a consultation on its proposal to accept legally binding commitments (“Proposed Commitments”) from seven car distributors (covering 17 car brands) (“Distributors”) relating to their restrictive warranty terms and conditions…Read More
When a director’s days are numbered… removal of directors under the Companies Ordinance of Hong Kong
Members of a Hong Kong private company may remove a director without cause subject to the requirements set out in the Companies Ordinance (“CO”). The general requirements are set out in s. 462 and s. 463 of the CO. They are: A director may…Read More
