Data hk is an online portal that provides access to a large volume of Hong Kong stock market data. This includes real-time trading and end of day historical data, with rich depth going back to 1996. It also features comprehensive news feeds and detailed announcement data on listed companies.

The Portal is free to use, but businesses need to be mindful of the obligations that exist under local law. In addition, there are best practice and ethical standards to consider, including the consideration of the impact on individuals of any decision to transfer data overseas.

One of the key issues is whether or not Hong Kong’s Personal Data Protection Ordinance (PDPO) applies to the data transfer. This requires consideration of both the territorial jurisdiction and the underlying definition of personal data. PDPO jurisdiction extends to a person who has operations controlling the collection, holding, processing or use of personal data in or from Hong Kong. This is a different test than that used in some other data privacy regimes, which apply only to data that relates to identified or identifiable persons.

A broader definition of personal data is used in the PDPO to exclude certain categories of information, such as business contact information or marketing preferences. However, a business may still transfer personal data abroad where it has legitimate grounds to do so. The PDPO contains extensive guidance on how to fulfil a data user’s obligations in respect of a transfer of personal data outside of Hong Kong. These obligations can be incorporated as contractual provisions within a main commercial agreement, or they can be separated out and expressed in a separate data transfer agreement.

If a data user wishes to transfer personal data out of Hong Kong, it must have the consent of the individual to do so. This requires the data subject to be fully informed of the purposes for which the personal data is being collected and the classes of people to whom the data may be transferred. This obligation is normally fulfilled by providing the information to the data subject on or before the original collection of personal data.

Another requirement of the PDPO is that the data user takes reasonable steps to ensure that any third party to whom the personal data is being transferred will protect it in accordance with the PDPO and the laws of the jurisdiction to which the personal data is being transferred. Typically, this is achieved through the inclusion of model clauses in the data transfer agreement.

As the pace of digital integration between Hong Kong and mainland China accelerates, so too will the volume of data transfers under the “one country, two systems” principle. Businesses should be prepared to address these new and complex requirements, as well as to adhere to best practice and ethical standards. The Government is committed to facilitating these arrangements. We will continue to work closely with the Mainland to enhance and adapt our legal and regulatory frameworks as needed.