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Do I need to appoint a Data Protection Officer for my company in Hong Kong?
No, under Hong Kong’s data protection laws, there is no mandatory requirement to appoint a Data Protection Officer (DPO). However, adopting best practices can help your SME stay compliant with Hong Kong data privacy regulations.
Understanding Hong Kong Data Protection and PDPO Compliance
The Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) governs Hong Kong’s data protection landscape. It requires data users (i.e., companies handling personal data) to follow the Data Protection Principles. While the law does not mandate appointing a DPO, Privacy Management Programme — A Best Practice Guide recommends implementing a Privacy Management Programme (PMP) and appointing a DPO.
Who Should Be the DPO?
- For large organisations: Senior executive
- For small companies, e.g., SMEs: The owner or operator
Duties of a DPO (According to the Practice Guide)
The PCPD’s Practice Guide outlines three main responsibilities:
- Establish and maintain the Privacy Management Programme (PMP):
Keep records of personal data, coordinate data handling procedures, and monitor data breach incidents. - Review the effectiveness of the PMP:
Regularly assess and update controls, ensuring ongoing compliance with Hong Kong data protection laws. - Report to top management:
Keep senior leadership informed about compliance issues, privacy complaints, and incidents.
Additional Resources
Learn more about compliance for online businesses in Hong Kong in our blog on how to comply with the Personal Data (Privacy) Ordinance (PDPO) for an online business.
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