Learn more about Website Privacy Policy in Hong Kong
A Privacy Policy is a legal document that outlines how a business collects, uses, stores, and protects personal data from customers, users, or website visitors. Its purpose is to ensure transparency and build trust by clearly informing individuals about their data rights and how their information is handled. In Hong Kong, businesses are required to comply with the Personal Data (Privacy) Ordinance (PDPO), making it essential for any organization collecting personal data to implement a compliant Privacy Policy. At Themis Partner, we provide an easy-to-edit Privacy Policy template in Word format, professionally drafted by legal experts, to help businesses meet their obligations with confidence. Download your template today to ensure you stay protected and compliant.
A Privacy Policy in Hong Kong is a legally required document that outlines how a company collects, processes, stores, and protects personal data. Under the Personal Data (Privacy) Ordinance (PDPO), which is enforced by the Privacy Commissioner for Personal Data (PCPD), all businesses that handle user data must implement a clear and accessible privacy policy. This document is essential for ensuring compliance with Hong Kong’s data protection laws and building trust with users by clearly informing them of how their personal information is used. Any business operating in Hong Kong whether through a website, mobile application, or digital service must adopt a PDPO-compliant Privacy Policy to meet regulatory obligations and protect itself from legal and reputational risks. Without this policy, companies may face enforcement actions and lose consumer trust. For further information on legal obligations under Hong Kong law, consult the Office of the Privacy Commissioner for Personal Data.
What is included in this Privacy Policy?
A Privacy Policy in Hong Kong must comply with the Personal Data (Privacy) Ordinance (PDPO) and provide complete transparency regarding the collection and use of personal data. To ensure your Hong Kong Privacy Policy is legally compliant and meets user expectations, it should include the following essential clauses:
➤ Organisation and Scope: Clearly identify the data user (your company) and state that the Privacy Policy governs the collection and processing of personal data under Hong Kong’s PDPO.
➤ Information Collected: Describe the categories of personal data collected, such as full names, email addresses, IP addresses, and technical data. Indicate the methods of data collection, including contact forms, cookies, analytics tools, and user interactions.
➤ Purpose of Collection: Explain the specific and legitimate purposes for which data is collected, including service delivery, customer support, compliance with legal obligations, marketing activities, and website performance tracking.
➤ Legal Basis for Processing: Outline the lawful grounds for processing personal data under the PDPO, such as user consent, contractual necessity, compliance with legal obligations, or the company’s legitimate interests.
➤ Consent: Specify how and when user consent is obtained, and provide information on how users can withdraw consent, in line with PDPO requirements.
➤ Data Retention: State how long personal data is retained, including the criteria used to determine retention periods, and explain the secure deletion or anonymisation process.
➤ Data Security: List the technical and organisational measures your business has implemented to protect personal data from unauthorised access, data breaches, and misuse.
➤ Individual Rights: Explain the rights granted to users under Hong Kong privacy law, including access to their data, correction requests, data portability, and the right to object to data use.
➤ Third-Party Links and Services: Include a disclaimer stating that your Privacy Policy does not apply to third-party websites or platforms linked from your website or app, and encourage users to review those platforms’ privacy practices.
➤ Updates to the Privacy Policy: Notify users that the Privacy Policy may be updated periodically and that continued use of the website constitutes acceptance of the revised policy.
➤ Contact Information: Provide clear contact details (email, phone number, or mailing address) for users to submit questions, complaints, or data-related access and correction requests.
By incorporating these elements, your Privacy Policy Hong Kong template will align with local legal standards and demonstrate your commitment to user data protection and PDPO compliance.
ℹ️ For comprehensive legal coverage, complement your Privacy Policy with Terms and Conditions that define user responsibilities, limitations of liability, and service conditions.
Do I need a Privacy Policy for my website/app. in Hong Kong?
1. Is a Privacy Policy Legally Required for Online Businesses?
Absolutely. If your business operates a website, mobile application, SaaS platform, or any other online service in Hong Kong, you are legally required to have a Privacy Policy in Hong Kong in place. According to the Personal Data (Privacy) Ordinance (PDPO), any entity that collects, stores, or processes personal data of individuals must clearly inform users how their information is being handled. This obligation applies whether you are collecting basic contact details, tracking cookies, or managing user accounts. Whether you operate a corporate site, an e-commerce store, a mobile app, or a subscription-based digital tool, your platform must include a PDPO-compliant Privacy Policy that is accessible and understandable to users.
Failing to publish a clear and accurate Privacy Policy for your website or app in Hong Kong not only violates the PDPO, but can also lead to reputational damage and legal enforcement actions. Beyond regulatory concerns, today’s users expect transparency. Businesses that do not clearly disclose their data practices risk losing customer trust and reducing conversion rates. To meet both user expectations and regulatory requirements, the Privacy Policy should be visible and accessible typically placed in the website footer, within the mobile app settings, or shown during user registration or form submissions. This practice aligns with legal best practices outlined on the Hong Kong e-Legislation website. If your website or platform involves product sales or services, ensure your legal coverage includes Return and Refund Policy to clarify conditions for returns, exchanges, and reimbursements.
What are the legal requirements for a Privacy Policy in Hong Kong?
To ensure PDPO compliance, your Privacy Policy in Hong Kong must meet specific legal obligations outlined under the Personal Data (Privacy) Ordinance. These requirements apply to all organisations collecting or processing personal data within Hong Kong. Here are the key legal requirements that every Hong Kong Privacy Policy must follow:
➤ Identify the data user (organisation): Clearly state the name of the company or entity responsible for collecting and managing personal data.
➤ State the purposes for data collection: Explain why the data is being collected such as for service provision, user communication, or legal compliance.
➤ List the types of data collected: Specify the categories of personal data involved, including identity, contact, technical, and behavioural data.
➤ Describe data use and third-party disclosures: Indicate how personal data will be used and whether it will be shared with third-party service providers or partners.
➤ Inform users of their PDPO rights: Outline user rights under Hong Kong law, including rights to access, correct, and object to the use of their data.
➤ Provide contact details for data access or correction: Include an email address, phone number, or mailing address that users can use to submit requests or raise concerns.
For your Privacy Policy to be PDPO-compliant, the language must also meet accessibility standards:
➤ Use plain and clear language: Avoid complex legal jargon; users must easily understand how their data is managed.
➤ Ensure multi-platform accessibility: The Privacy Policy should be available across all user touchpoints desktop, mobile, and in-app.
➤ Localise content when appropriate: If your platform serves local users, consider offering the Privacy Policy in traditional Chinese to improve understanding and ensure legal compliance with PDPO’s transparency obligations.
By meeting these legal requirements, your business reduces the risk of enforcement actions and builds greater trust with users accessing your digital platforms in Hong Kong.
How does the Hong Kong PDPO affect my Privacy Policy?
Your Privacy Policy must reflect the following DPPs under the PDPO:
➤ DPP1, Collection: Data must be collected fairly and lawfully.
➤ DPP2, Accuracy & Retention: Keep accurate data and delete when no longer needed.
➤ DPP3, Use: Only use data for stated purposes unless consent is given.
➤ DPP4, Security: Safeguard data from unauthorised use.
➤ DPP5, Openness: Be transparent about data handling practices.
➤ DPP6, Access and Correction: Allow individuals to access and correct their data.
To view the full description of these principles, refer to the PDPO Data Protection Principles. While the Privacy Policy itself mainly enforces DPP5, it must also reference how your business complies with the other five principles.
Remarks:
Even if your business is based outside Hong Kong, if you collect or process personal data from Hong Kong residents, you may still be subject to the PDPO. Always evaluate your data handling practices in light of territorial scope.
Where should I display my Privacy Policy on my website/app?
To comply with Hong Kong’s PDPO requirements, your Privacy Policy must be clearly displayed and easily accessible across all digital platforms where user data is collected. Proper visibility is not only a legal obligation but also key to user trust. On websites, the Privacy Policy in Hong Kong should be accessible from the website footer, registration pages, checkout or payment pages, and any section where users are asked to provide personal data such as contact forms. In mobile applications, the Privacy Policy should be shown during app installation or onboarding and remain available within the app’s settings or legal section. If your website or app uses cookies or tracking tools, make sure that cookie banners or pop-ups include a direct link to the Privacy Policy. This ensures transparency and aligns with the PCPD’s official guidance on cookie usage. Keeping your Privacy Policy visible in these key areas reinforces your PDPO compliance while improving user confidence in your data protection practices.
What personal data must be disclosed in a Privacy Policy?
Your Privacy Policy in Hong Kong must clearly specify what types of personal data your business collects. Transparency is not only a legal requirement under the Personal Data (Privacy) Ordinance (PDPO) but also essential for user trust and platform credibility. To ensure full PDPO compliance, the following categories of personal data should be disclosed:
➤ Identity Information: Full names, usernames, identification numbers
➤ Marketing Preferences: Subscription status, communication preferences, consent history
If your business uses cookies, third-party trackers, or behavioural analytics tools, you must disclose this in your Privacy Policy. These technologies typically collect user behaviour data for purposes such as improving user experience, marketing, and analytics. You should also indicate how users can manage or disable these tracking mechanisms where applicable. For authoritative guidelines on cookie usage and disclosures, refer to the PCPD cookie best practices. Providing a clear list of personal data types and tracking tools used will strengthen your PDPO compliance and reinforce your company’s commitment to transparent data handling in Hong Kong.
ℹ️ To fully inform users about your cookie practices, ensure you provide a clear cookie policy. Download the Cookie Consent Policy to detail how cookies are used, what data is collected, and how users can manage their preferences in compliance with PDPO requirements.
How often should a company update its Privacy Policy?
Maintaining an up-to-date Privacy Policy in Hong Kong is essential to meet PDPO compliance and demonstrate your commitment to transparent data practices. While Hong Kong law does not mandate a fixed review timeline, businesses should regularly ensure their policies remain accurate and relevant.
Best practices suggest reviewing your Privacy Policy at least once a year. Updates should also be made whenever there are changes to how your company collects, processes, or shares personal data, or when legal updates affect your data obligations.
Users should be informed of significant updates. You can do this through email notifications, alert banners on your website, or in-app messages. Clearly communicating changes reinforces compliance and strengthens user trust. Keeping your Privacy Policy current ensures your business stays aligned with PDPO standards and builds a transparent relationship with users in Hong Kong.
What are the penalties for not having a Privacy Policy?
Failing to maintain a compliant Privacy Policy in Hong Kong can expose your business to both legal and reputational risks. While the Personal Data (Privacy) Ordinance (PDPO) does not explicitly require a written Privacy Policy, it mandates that data users make their privacy practices known, particularly under Data Protection Principle 5 (DPP5).
If your company fails to disclose its data practices transparently, the Privacy Commissioner for Personal Data (PCPD) may issue enforcement notices requiring corrective action. Ignoring these notices can result in criminal prosecution. Fines can reach up to HKD 50,000, and further non-compliance may lead to imprisonment. Real-world enforcement examples can be found on the PCPD enforcement actions page.
Beyond legal penalties, the absence of a clear Privacy Policy can damage your reputation. Non-compliant businesses may face negative media coverage, loss of consumer trust, and long-term harm to brand credibility. In competitive digital markets, transparency in data practices is a key factor in maintaining customer loyalty and trust. In short, publishing and regularly updating a PDPO-compliant Privacy Policy in Hong Kong is both a legal obligation and a business imperative. To further protect your business from liability, especially regarding third-party content or advice, consider publishing a Disclaimer to define the limits of your responsibility.
Remarks:
The PCPD may launch investigations even without a complaint if it becomes aware of serious privacy risks. Maintaining an updated and transparent Privacy Policy is one of the most effective safeguards against surprise audits or enforcement actions.
Conclusion: Why Choose Themis Partner for Your Privacy Policy in Hong Kong
Navigating data privacy regulations in Hong Kong requires a clear understanding of the PDPO, transparency in data handling practices, and an up-to-date Privacy Policy that reflects how your business collects, uses, and protects personal data. Whether you operate a website, mobile application, or online service, having a legally compliant and accessible Privacy Policy is essential to protect your business and maintain user trust. At Themis Partner, our legal professionals draft and review Privacy Policies that meet all requirements under the Personal Data (Privacy) Ordinance. We tailor every document to your industry, platform, and operational needs, ensuring full PDPO compliance and practical legal protection. Download your Hong Kong Privacy Policy Template today or contact our legal team to receive personalised assistance and expert guidance on data privacy compliance in Hong Kong.
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