On 13 December 2023, the Cyberspace Administration of China and Hong Kong Innovation Technology and Industry Bureau jointly issued the Guidelines for the Implementation of Standard Contract for Cross-boundary Flow of Personal Information in the Guangdong-Hong Kong-Macao Greater Bay Area (Mainland and Hong Kong) ("GBA Standard Contract").
Personal data transfers within the Greater Bay Area ("GBA") (ie nine cities in Guangdong province of mainland China and Hong Kong) will be streamlined by the new GBA Standard Contract, which is a streamlined alternative to the PRC Standard Contract. The GBA Standard Contract will also lift the restriction on the volume of cross-boundary flow of personal data that a personal information processor can transfer under the mainland China's framework on safe management of cross-border data transfer, and simplify the relevant assessment contents in the applicable personal information protection impact assessment.
The GBA Standard Contract is applicable only if the data transferor in mainland China is located within the GBA. Adoption of GBA Standard Contract is on a voluntary basis. Personal information transferors and recipients should, within 10 working days from the date of the GBA Standard Contract taking effect, file the GBA Standard Contract with the Guangdong Provincial Internet Information Office or the Hong Kong Office of the Government Chief Information Officer ("OGCIO") based on where it is located.
The processing and export of personal data from Hong Kong will continue to be regulated in accordance with the Personal Data (Privacy) Ordinance ("PDPO") of Hong Kong. However, it is worth noting that pursuant to the GBA Standard Contract, the data recipient cannot onward transfer the personal data received under the GBA Standard Contract to parties located outside the GBA.
Reference: OGCIO: Facilitating Cross-boundary Data Flow within the Greater Bay Area: https://www.ogcio.gov.hk/en/our_work/business/cross-boundary_data_flow/index.html
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
