Based on the model contract released by the Privacy Commissioner for Personal Data (PDPC), Hong Kong, all of the following sections are recommended to be put into a contract to address Ordinance 33 (Data transfer/export) of Hong Kong's Personal Data Privacy Ordinance (PDPO) EXCEPT?
The recommended sections to be included in a contract addressing Ordinance 33 of Hong Kong's Personal Data Privacy Ordinance (PDPO) are usually specific clauses related to the transfer and handling of personal data. These typically include 'Liability and indemnity', 'Termination of the contract', and 'Obligations of the Transferee', which are directly pertinent to managing data transfer and related responsibilities. 'Exemptions and Definitions' generally outline broad principles and may not be specific to the contractual requirements of data transfer/export under PDPO.
Should be B. https://www.pcpd.org.hk/english/resources_centre/publications/guidance/fact1_model.html A, C and D are all mentioned in the model contract. B is not.
Model Contract Below sets out a model contract which may be adapted by parties wishing to transfer personal data outside Hong Kong in accordance with section 33(2)(f) of the Personal Data (Privacy) Ordinance. Applicable law The parties are free to choose the law applicable to the contract between the transferor and transferee. The applicable law should be explicitly stated in the contract. The terms of the model contract are as follows: 1. Obligations of the Transferor 2. Obligations of the Transferee 3. Liability and indemnity 4. Settlement of disputes 5. Termination of the contract