Personal Data (Privacy) Ordinance Part 8 8-32 Section 63B Cap. 486 (a) a transfer of the business or property of, or any shares in, the data user; (b) a change in the shareholdings of the data user; or (c) an amalgamation of the data user with another body, is exempt from the provisions of data protection principle 3 if each of the conditions specified in subsection (2) is satisfied. (2) The conditions are— (a) the personal data transferred or disclosed is not more than necessary for the purpose of the due diligence exercise; (b) goods, facilities or services which are the same as or similar to those provided by the data user to the data subject are to be provided to the data subject, on completion of the proposed business transaction, by a party to the transaction or a new body formed as a result of the transaction; (c) it is not practicable to obtain the prescribed consent of the data subject for the transfer or disclosure. (3) Subsection (1) does not apply if the primary purpose of the proposed business transaction is the transfer, disclosure or provision for gain of the personal data. (4) If a data user transfers or discloses personal data to a person for the purpose of a due diligence exercise to be conducted in connection with a proposed business transaction described in subsection (1), the person— (a) must only use the data for that purpose; and (b) must, as soon as practicable after the completion of the due diligence exercise— (i) return the personal data to the data user; and Verified Copy Last updated date 25.4.2013