The Personal Data (Privacy) Ordinance as amended in 2012 ('the PDPO') is the main legislation in Hong Kong which aims to protect the privacy of individuals in relation to personal data, and to regulate the collection, holding, processing, or use of personal data based on a set of data protection principles ('DPPs').

Hong Kong has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Office of the Communications Authority (OFCA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

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 to monitor 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 lacks a comprehensive framework for 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: a declaration as to the confidentiality and the (lack of) entitlement to the use of the information; an injunction to restrain the use or further use of the confidential information; disclosure of any infringing use made of the information; delivery of any infringing materials damages or, at the Plaintiff’s election, an account of profits.

There is no obligation for passive infrastructure sharing in the Hong Kong to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

It is reported that piracy through illicit streaming devices (ISDs) is on the rise in Hong Kong posing a direct threat to content creators, sports leagues, and live performances, as well as legitimate streaming, on-demand, and over-the-top media service providers. However, it is reported that the rate of unlicensed software installation in the country was 38% in 2017 (below the 57% rate of the Asian Pacific countries), for an estimated commercial value of USD 277 million.

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 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 enable the lawful use of copyrighted work by others without obtaining permission. These exceptions include research, private study, criticism, reviews and news reporting.

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).

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

Australia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.