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Restrictions on data

HONG KONG


Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Lack of Safe Harbour framework
There is currently no specific legislation on the issue of intermediary liability. However, bills and proposals are pending before the Legislative Council of Hong Kong. The ‘Safe Harbour’ proposed will be underpinned by a Code of Practice which sets out practical guidelines and procedures for Online Service Providers (OSPs) to follow upon notification of infringement, such as "notice-and-notice" and "notice-and-takedown" procedures.
Coverage Internet intermediaries
Restrictions on data

HONG KONG

Since November 1996

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Personal Data (Privacy) Ordinance (Cap. 486) of 1995, amended in October 2012
The Personal Data (Privacy) Ordinance implicitly requires the appointment of a data protection officer to whom data access and data correction requests can be sent.
Coverage Horizontal
Restrictions on data

HONG KONG

Since November 2015

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Right to be forgotten
By rejecting on an appeal brought by David Webb against an enforcement notice issued by the Privacy Commissioner for Personal Data requiring Mr. Webb to remove from webb-site.com the names of parties set out in court judgments of matrimonial proceedings published on the Hong Kong judiciary's website over a decade earlier, the Administrative Appeals Board (ABB) has established a precedent for the "right to be forgotten" in Hong Kong. The decision has been based on the Data Protection Principle 3 of the Personal Data (Privacy) Ordinance, which concerns the original purpose for which personal data was collected.
Coverage Horizontal
Establishment restrictions

HONG KONG


Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Immigration Guidelines for Entry to the Hong Kong
There are no official labour market tests conducted by the Ministry, but there are general guidelines to be respected. These guidelines require that:
- there must be a genuine job vacancy or;
- the applicant must have a confirmed offer of employment and the vacancy must be relevant to his/her academic qualifications.
Coverage Horizontal
Establishment restrictions

HONG KONG


Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Establishment restrictions

HONG KONG

Since 2007

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright Ordinance Chapter 528
The Copyright Ordinance Chapter 528 includes provisions about fair dealing related to research, private study, criticism, reviews and news reporting. Moreover, it also covers fair dealing for purposes of giving or receiving instruction and for purposes of public administration.
Coverage Horizontal
Establishment restrictions

HONG KONG


Chapter Intellectual Property Rights  |  Sub-chapter Patents
Patent Cooperation Treaty

Paris Convention for the Protection of Industrial Property
The country is neither a member of Patent Cooperation Treaty (PCT) nor is bound by the Paris Convention for the Protection of Industrial Property, main multilateral conventions and treaties for the protection and enforcement of IPRs. However, PCT application designating China is recognised by Hong Kong and thus the patent is protected also in Hong Kong.
Coverage Horizontal
Fiscal Restrictions

HONG KONG

Since April 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Government Procurement Agreement (GPA)
Although Hong Kong is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "computer related services" (CPC 84), wich is an important service sector for digital trade.
Coverage Selected sectors
Trading restrictions

PANAMA

Reported in August 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Panama's de minimis rule goods with a value of up to 132 SDR / 200 USD will be exempted from taxes and duties collected by the customs.
Coverage Horizontal
Restrictions on data

PANAMA

Since July 2008

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Law 51 of 22 July 2008, as amended by Law 82 of 9 November 2012

Executive Decree No. 40 of 19 May 2009
Sanctions for data privacy violations include the suspension or permanent ban of the activities of companies that infringe certain regulations,as well as fines of up to 150,000 USD.
Coverage Horizontal
Restrictions on data

PANAMA

Since July 2008

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Law 51 of 22 July 2008, as amended by Law 82 of 9 November 2012
Pursuant to Law 51, when a customer provides his email address during the process of acquiring or subscribing to a service offered online, the company providing such service must disclose to the customer its intent to use the email address in the future for commercial communications and, further, must obtain the customer’s express consent for such purposes.
Coverage Horizontal
Restrictions on data

PANAMA

Since July 2008 / May 2009

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Law 51 of 22 July 2008, as amended by Law 82 of 9 November 2012

Executive Decree No. 40 of 19 May 2009
The existing regulations follow the constitutional principle that the consent of the lawful owner is required for the transfer of any personal information.
Coverage Horizontal
Establishment restrictions

PANAMA

Since 1971 and amended in 2004

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Restriction on business mobility
According to the Panamanian labor code, employers must give priority to Panamanian workers, workers married to Panamanian citizens or workers with at least 10 years of experience in Panama.
Coverage Horizontal
Establishment restrictions

PANAMA

Reported in 2012

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Restriction on business mobility
Employers who want to employ foreign service suppliers must obtain an authorization issued by the Ministry of Labor and Social Welfare.
Coverage Horizontal
Establishment restrictions

PANAMA

Since 1971

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Panama immigration law
For independent services suppliers (ISS) and contractual service suppliers (CSS) there are labour market tests.
Coverage Horizontal