Facilitating Cross-boundary Data Flow within the Greater Bay Area
Importance of Cross-boundary Data Flow
Data plays a strategic role in driving innovation and facilitating high-quality development of the economy. The Government of the Hong Kong Special Administrative Region fully recognises the crucial role of data as a new engine in propelling our economic growth and transformation of digital economy and society. The 14th Five Year Plan indicates its solid support for Hong Kong’s development as an international Innovation and Technology (I&T) hub. Facilitating data flow in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) is an important initiative for promoting high-quality development of the economy. It also contributes to drive digital economy and smart city development, which paves the way for Hong Kong to integrate into the development of the GBA and the nation.
The Memorandum
The close tie between Hong Kong industries and Mainland business partners result in an increasing demand for cross-boundary services and data flow between Hong Kong and the GBA. In view of this, the Innovation, Technology and Industry Bureau (ITIB) and the Cyberspace Administration of China (CAC) signed the “Memorandum of Understanding on Facilitating Cross-boundary Data Flow within the Guangdong-Hong Kong-Macao Greater Bay Area” (the Memorandum) in Beijing on 29 June 2023 to jointly promote cross-boundary data flow within the GBA. It is a policy breakthrough to leverage data flow to promote digital economic development, while at the same time protect personal privacy and data security. The “Standard Contract for the Cross-boundary Flow of Personal Information within the Guangdong-Hong Kong-Macao Greater Bay Area (Mainland, Hong Kong)” (the GBA Standard Contract) arrangement is a facilitation measure under the Memorandum which serves to facilitate the GBA’s cross-boundary flow of personal information.
Facilitation Measures under the Memorandum
The ITIB and the CAC jointly announced on 13 December 2023 the “GBA Standard Contract”
