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Compliance guide · Hong Kong

Startup compliance in Hong Kong: PDPO, AI guidance and cybersecurity.

The Personal Data (Privacy) Ordinance and its six data protection principles, PCPD guidance on AI, direct marketing rules and the critical infrastructure cybersecurity law in force since January 2026.

Hong Kong’s Personal Data (Privacy) Ordinance is principles-based and has no mandatory breach notification yet, but its direct marketing rules carry criminal penalties. The Privacy Commissioner has published practical frameworks for AI use.

Since 1 January 2026, operators of designated critical infrastructure must meet new cybersecurity obligations.

Core data law
Personal Data (Privacy) Ordinance (Cap. 486)
Regulator
Privacy Commissioner for Personal Data (PCPD)
Breach notice
Voluntary (recommended)
Direct marketing
Consent required; criminal offences
AI
PCPD Model Personal Data Protection Framework for AI (2024)
Cyber
Critical Infrastructures Ordinance, 1 Jan 2026

Who needs to comply

Businesses controlling personal data in or from Hong Kong

The PDPO applies to data users who control personal data in or from Hong Kong.

Businesses doing direct marketing

Consent and opt-out rules are strict, with criminal penalties.

Critical infrastructure operators

Designated operators must meet cybersecurity duties under the 2026 ordinance.

The laws, in detail

01

Personal Data (Privacy) Ordinance

Six data protection principles on collection, accuracy, use, security, openness and access.

When it applies

Data users controlling personal data in or from Hong Kong.

What you must do

  • Purpose and notice at collection
  • Use only for the original or directly related purpose without consent
  • Security of personal data
  • Access and correction requests within 40 days
  • Consent before direct marketing

Regulator

PCPD

Penalties

Enforcement notices; criminal penalties for direct marketing offences and doxxing.

02

Protection of Critical Infrastructures (Computer Systems) Ordinance

Cybersecurity duties for designated critical infrastructure operators.

When it applies

Designated operators in eight sectors, including IT, banking, telecoms and healthcare.

What you must do

  • Security management unit and plans
  • Risk assessments and audits
  • Incident reporting

Regulator

Commissioner of Critical Infrastructure (Computer-system Security)

Penalties

Fines from HK$300,000 up to HK$5 million, plus daily penalties.

03

Virtual asset trading platform licensing (AMLO/SFO)

Licensing of centralised virtual asset trading platforms by the SFC.

When it applies

Operating a virtual asset exchange in Hong Kong or actively marketing to Hong Kong investors.

What you must do

  • SFC licence before operating
  • Custody, conduct and investor protection rules
  • AML/CFT and Travel Rule

Regulator

Securities and Futures Commission

Penalties

Criminal offence to operate without a licence.

04

Stablecoins Ordinance (Cap. 656)

Licensing of issuers of fiat-referenced stablecoins.

When it applies

Issuing fiat-referenced stablecoins in Hong Kong, or HKD-pegged stablecoins anywhere.

What you must do

  • HKMA licence
  • Reserve, redemption and disclosure rules
  • Only licensed stablecoins may be offered to retail

Regulator

Hong Kong Monetary Authority

Penalties

Criminal penalties for unlicensed issuance.

05

Unsolicited Electronic Messages Ordinance

Commercial emails, texts and fax marketing.

When it applies

Sending commercial electronic messages with a Hong Kong link.

What you must do

  • Accurate sender information
  • Functional unsubscribe and honour requests within 10 working days
  • Respect do-not-call registers

Regulator

Communications Authority

Penalties

Fines and imprisonment for some offences.

Compliance checklist

01 · Before you launch

  • Personal information collection statement
  • Direct marketing consent flows

02 · At launch

  • Voluntary breach notification plan
  • Access request process (40 days)

03 · As you scale

  • Align AI use with the PCPD AI framework
  • Check designation as critical infrastructure

Key dates

  1. 1996PDPO in force
  2. 2021Anti-doxxing amendments
  3. Jun 2024PCPD AI framework
  4. 1 Jan 2026Critical Infrastructures Ordinance

Common mistakes

  • Marketing without prior consent
  • Assuming no breach response is needed because notification is voluntary

FAQs

Is breach notification mandatory in Hong Kong?

Not yet; the PCPD recommends notifying it and affected individuals.

Sources

Reviewed 12 October 2026. General information, simplified for planning; not legal advice. Check current law before relying on any requirement, and get advice for your facts. For markets outside India, advice is coordinated with locally qualified counsel.

Other markets

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