The Copyright Ordinance establishes a safe harbour regime for intermediaries for copyright infringements. The liability of Internet service providers (ISPs) will depend on the type of service being provided. The Copyright Ordinance (CO) provides specific exemption from liability for those service providers who merely provide physical facilities, such as the hardware and network infrastructure, to clients/customers for network communications and access through the internet. In addition, for other ISPs, liability for copyright infringement can arise if the ISP itself is found to have engaged in unauthorised acts or it is held responsible for contributing to or making possible the act of infringement by another. Depending on the type of service provided by the ISP, it may be liable for direct copyright infringement, either as a primary or secondary infringer. Under section 22(2) of the CO, even if an ISP does not commit direct infringement, it can still be liable on the basis that it "authorised" the infringing acts.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Hong Kong's law and jurisprudence. On 31 October 2019, the High Court handed down an interim injunction against the "promotion, encouragement and incitement of the use or threat of violence via Internet-based platform or medium". Subsequently, the High Court amended its injunction to restrain only those who willfully assist others in posting inciting material online. In other words, online service providers (OSPs) are not in breach of the injunction, even if they enable posts to be made on their platforms without knowing the facts or contents of such publications. Furthermore, the injunction does not impose a positive duty on OSPs to search for or filter out unlawful content uploaded by others.

The Telecommunications (Registration of SIM Cards) Regulation has taken effect in September 2021 to implement the Real-name Registration Programme for Subscriber Identification Module (SIM) Cards. According to Art. 5 of the Regulation, telecommunications operators must not activate SIM cards unless users have registered their personal data, including their full name in English and Chinese, HKID number or other identity document number, a copy of their identity document and date of birth.

Hong Kong does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that major fixed carriers and mobile carriers are subject to accounting separation requirements to assist the Authority in monitoring developments in the telecommunications industry in general. It is also reported that the Office of the Communications Authority (OFCA) requires a dominant operator to maintain and report accounts for different service segments of its licensed operations, while non-dominant operators are required to maintain and report accounts for their overall licensed operations only.

Hong Kong is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

It is reported that despite the absence of formal barriers to non-local tendering in procurement regulations in Hong Kong, the country employs a contractor management system to facilitate the selection of reliable and capable contractors. These contractors should be familiar with local regulations and practices for certain procurement types. As a result, foreign contractors may encounter restrictions on both the number and value of public works contracts they are able to obtain. Reports indicate that, during the period from 2018 to 2021, a substantial majority of such contracts were awarded to suppliers based in Hong Kong.

Hong Kong is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), and its commitments also cover the services sectors considered most important for digital trade, namely telecommunication services (CPC 752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).

According to the Communications Authority Ordinance and the Companies Ordinance, there are no ownership restrictions for telecommunications, manufacturing of information and communication technology goods and products, computer and related services, and online broadcasting. In addition, it is reported that there are no foreign ownership limitations in the telecom sector.

Hong Kong is a party to the Patent Cooperation Treaty (PCT).

Hong Kong has a clear regime of copyright exceptions that follows the fair dealing model under the Copyright Ordinance, which enables the lawful use of copyrighted work by others without obtaining permission. These exceptions include research, private study, criticism, reviews and news reporting.

Copyright is not adequately enforced online in Hong Kong. Piracy through illicit streaming devices (ISDs) is reportedly on the rise in Hong Kong, posing a direct threat to content creators, sports leagues and live performances, as well as legitimate providers of streaming, on-demand and over-the-top media services. In addition, Hong Kong's failure to modernise its copyright system has left it vulnerable to digital copyright piracy, particularly from illicit streaming websites and streaming devices (ISDs), with negative ramifications for businesses and innovators.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Hong Kong lacks a comprehensive framework for the protection of trade secrets. However, confidential information, including trade secrets, is protected by the common law of confidence, as well as under express and implied terms of contract. While there is no single definition of a trade secret in Hong Kong, the characteristics of a trade secret were summarised in the 2003 case of AXA China Region Insurance Co Ltd v. Pacific Century Insurance Co Ltd, namely that a trade secret or its equivalent must be information which: is used in a trade or business; is confidential, i.e. is not already in the public domain; can be easily isolated from other information which an employee is free to use; if disclosed to a competitor, would be liable to cause real or significant harm to the owner; and is restricted from dissemination by the owner of the information. In the case of infringement, court orders may include (i) a declaration as to the confidentiality and the (lack of) entitlement to the use of the information; (ii) an injunction to restrain the use or further use of the confidential information; (iii) disclosure of any infringing use made of the information; and (iv) delivery of any infringing materials damages or, at the Plaintiff’s election, an account of profits.