Hong Kong trading companies, e-commerce sellers, fintech providers and app developers routinely sell to customers in Germany and the European Union, usually in English and increasingly with German-language storefronts. Where such a company has no establishment in the EU, Art. 27 GDPR requires an EU representative for its EU-related processing. Kanzlei Matutis, a German law firm specialised in data protection, provides this service for Hong Kong companies for 350 EUR per year.
Does a company from Hong Kong need an EU representative?
Yes, if it has no establishment in the EU and its processing of personal data relates to offering goods or services to people in the EU or to monitoring their behaviour there (Art. 3(2) in conjunction with Art. 27(1) GDPR). Examples: a Hong Kong electronics seller shipping to Germany through its own shop with EUR pricing; a Hong Kong app developer whose apps are listed in EU app stores and track user behaviour; a Hong Kong fintech offering accounts to residents of EU Member States. A Hong Kong company that already has a subsidiary, branch or office in an EU Member State does not need a representative; that EU entity is the point of contact. The exceptions of Art. 27(2) GDPR (occasional, low-risk processing without large-scale sensitive data; public authorities) are narrow and rarely apply to a business that actively markets to the EU. The full criteria are explained on the page What is the legal situation?.
The Hong Kong PDPO and the GDPR
Hong Kong’s Personal Data (Privacy) Ordinance (Cap. 486, PDPO) is enforced by the Privacy Commissioner for Personal Data (PCPD). There is no EU adequacy decision for Hong Kong under Art. 45 GDPR; transfers from the EU to Hong Kong need standard contractual clauses or another safeguard under Art. 46 GDPR. The PDPO’s cross-border transfer provision (section 33) has never been brought into operation, so Hong Kong companies are often less used to transfer rules than EU companies. For the EU representative the position is simple: a Hong Kong company that offers goods or services to people in the EU, or monitors them, falls under the GDPR by virtue of Art. 3(2) GDPR and needs a representative under Art. 27 GDPR, independent of its PDPO compliance.
What we do as EU representative for Hong Kong companies
Rechtsanwaltskanzlei Matutis is a German law firm in Potsdam, near Berlin, specialised in data protection law. Under a written mandate pursuant to Art. 27(1) GDPR we act as your point of contact in the EU for all supervisory authorities of the Member States and for data subjects. Letters and emails addressed to us are checked, scanned and forwarded to your contact person without undue delay; we point out deadlines, such as the one-month period for data subject requests under Art. 12(3) GDPR. With a time difference of six to seven hours, our morning overlaps with your afternoon, so forwarded mail can usually be discussed the same day. We communicate in English and German. We do not replace your Data Protection Officer and do not take over your compliance decisions; the difference is explained on the page EU representative vs. Data Protection Officer.
Cost for companies from Hong Kong
The annual flat fee is 350 EUR. Because the service is provided by a German law firm to a business customer outside Germany, German VAT is not charged (reverse charge), so net equals gross. We invoice in EUR; payment by international transfer or by credit card or PayPal is possible. Forwarding of scanned mail by email is included; postal forwarding of originals is charged at 2 EUR per item plus postage. Full details: What does it cost and what is included?
Next step
Send us your company name, website and a short description of your activities in the EU via the inquiry form. We confirm whether a representative is required in your case and send you the contract and written mandate. The complete process is described on the page How to appoint an EU GDPR representative. Other countries: EU representative by country.