Doing Business with a Hong Kong Partner: A Pragmatic View on Data Privacy for UK and European Clients
Estimated reading time: 3 minutes
Most of my professional experience is rooted in Europe, so I understand the concerns European and UK based clients have when working with a Hong Kong-based company outside of the European Economic Area (EEA). This article offers a pragmatic, experience-driven perspective on data privacy compliance, focusing on what truly matters for day-to-day business operations.
Let’s go through what this really means in practice.
Understanding the Basics
Under the UK GDPR and EU GDPR, transferring personal data to countries outside the UK or EEA is subject to specific rules. These rules are designed to ensure that people’s data remains protected, even when processed elsewhere.
Hong Kong is not currently recognised by the UK or EU as having an “adequacy decision”, meaning data transfers require appropriate safeguards, such as:
- Standard Contractual Clauses (SCCs) or
- The UK’s International Data Transfer Agreement (IDTA) or Addendum to the EU SCCs.
These are standard mechanisms that many international organisations already have in place.
A Pragmatic Approach to Compliance
From my experience, data privacy risks are manageable when:
- The Hong Kong partner is not the data controller (not deciding how or why data is processed)
- Strong security measures are maintained on both sides
- Clients implement robust infrastructure and access controls
This approach, combined with clear Non-Disclosure Agreements (NDAs) and open communication, strikes the right balance between compliance and business flexibility.
Helpfully, the UK ICO has editable International Data Transfer Agreement (IDTA) documents for organisations to use when transferring personal data outside of the UK
For European based organizations (non UK), there is no equivalent to the IDTA. Instead, the EEA relies on the EU’s Standard Contractual Clauses (SCCs) which are available to download here:
Why this matters for your business
This approach balances compliance and practicality:
- Ensures data protection obligations are met without creating unnecessary complexity
- Builds trust and transparency, key for long-term partnerships
- Reflects practical realities of global, cross-border work today
In essence, if both parties uphold their part of the data protection bargain – the controller ensuring lawful transfer and the partner maintaining secure handling – the relationship functions smoothly and transparently. We can ‘get stuff done!’
A Caveat
I am not a data/cybersecurity nor a legal expert and so this pragmatic review is rooted in experience, which I hope is helpful. If you’re unsure about your organisation’s specific data transfer obligations, it’s always best to seek independent legal advice or refer directly to the UK Information Commissioner’s Office (ICO) or European Commission guidance.
GSD-HR’s Privacy Policy is available to view here.
