Data Protection & Privacy

Hong Kong, as a major financial hub, is an economically and technologically developed city where businesses increasingly invest in creative works and intangible assets. The protection of the same is therefore critical.

ONC values the importance of data protection, and has advised a wide array of clients on data protection issues in Hong Kong and China.

We have assisted our clients on:

  • advising a prominent cosmetics company on its data protection and privacy policies in Hong Kong;
  • advising one of the largest healthcare service groups in Asia on its data protection and privacy policies in relation to e-platforms.

If you would like to know more about our intellectual property practice or how we can help your business, please contact us at (852) 2810 1212 or at

Please refer to our articles in ‘Knowledge’

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COVID-19 + (MedTech & healthcare innovations) = patient data privacy & IP protection legal concerns
Remote diagnostic tools The outbreak of COVID-19 saw new uses for remote diagnostic tools. In the United States, the first case of COVID-19 saw the use of robot doctors in order to safely provide treatment to those who are infected without causing more risks to the care providers. The recent outbreak of COVID-19 has also spurred Chinese innovators to create their own version of remote diagnostic treatment technology with mini health diagnostic programme to help user to self-assess their COVID-19 exposure risks. Innovators of remote medical services should be mindful of potential patient data privacy and confidentiality issues especially considering that the transmission of patient’s data is at the core of their services. In Hong Kong, aside from the commonly known Personal Data (Privacy) Ordinance (“PDPO”), the safe storing and transmission of patient’s data is further regulated by the and Electronic Health Record Sharing System Ordinance (“EHRSO”), meaning, those who trade using health data is under more scrutiny than traditional businesses. Our firm is poised to advice medical companies of such data privacy issues. Induced creation of new drugs and medical equipment Since the outbreak of COVID-19, medical companies globally have raced to create everything ranging from treatment plans, drugs to cure symptoms to vaccines to immunize the un-infected populace. Within weeks after identifying the DNA and RNA sequences, various medical companies across the globe has claimed that they have devised a vaccine to COVID-19. For example, when Moderna announced that their prototype COVID-19 vaccine is ready for human trials in late February 2020, the company’s stock shot up by 15%. Other innovative advances induced by COVID-19 ranged from newly enhanced household protective gears (e.g. antibacterial nonwoven garments and products) to novel pharmaceutical products.
How could your FinTech be protected by intellectual property laws in Hong Kong?
The FinTech industry is a highly competitive one driven by innovative ideas and it is essential to devise a comprehensive strategy to protect the products of your innovation and hard work from an early stage. If your FinTech product or service is rooted in ideas and innovation, have you ever think of – How and what extent could your FinTech be protected by Intellectual Property (“IP”) rights? If your business activities involve FinTech, you may need to consider whether and how your interests can be protected in the realm of IP law. In this article, we will start with exploring possible IP protection available to your FinTech, in particular patent protection, followed by protection by copyright for those not patentable parts. After which, protection for your company’s name or your FinTech product or service’s name under the trademark regime will be discussed. Finally, we will share some thoughts regarding possible protection for certain confidential information in relation to your trade, consisting of “know-how” and/or “skills”, which is not typically protected under the patent nor copyright regimes.
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