7/28/2019 Hong Kong: Amendments to Direct Marketing Privacy Ordinance Effective from April 1, 2013

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Hong Kong: Amendments to Direct Marketing Privacy Ordinance Effective from April 1, 2013

(Sunnyvale, CA)- Hong Kong had made certain amendments to the personal data privacy ordinance last year. It has

now announced that the new provisions relating to direct marketing will take effect from April 1, 2013. Data users

in Hong Kong cannot use personal information for direct marketing purposes without providing their intention of 

use of data and receiving the data subject’s consent, says Nair & Co., which provides  international expansion

services for companies expanding overseas.

Data covered under direct marketing 

Direct marketing provisions cover offerings of goods' availability, facilities and services by means of 

communication such as telephone calls, information or goods sent through mail, e-mail, fax or other means.

The new regulation will not be applicable to data users who send out information to individuals of corporate

clients that are meant for the subject’s use in their corporate capacities. However, it will be applicable to data

users marketing to individual data subjects in the data subjects’ personal capacity. 

Prerequisites for using and transferring personal data 

Data users must convey certain information to the data subject before using the personal data for direct

marketing purposes or for transferring it to third parties for their marketing purposes:

  the purpose for using their personal data;

  using personal data only after the data subject’s consent; and  

  inform the subject of the types of personal data and the classes of marketing subjects used.

Grandfathered data exempted 

The new regulation does not apply to the properly collected personal data and the data used for direct marketing

purposes prior to April 1, 2013, as long as specific criteria are met. If specific requirements are met, grandfathered

data can be used to market the data user’s products and services which were previously marketed. However,

grandfathered data cannot be used for cross-marketing.

Guidelines for obtaining data subject’s consent 

Data users should provide proper information to the data subject through a written notice - Personal

Information Collection Statement (PICS).

  Data users should clearly describe the distinctive features of the goods and services while specifying

‘classes of marketing subjects’.   While defining ‘permitted class of persons’, the data user should clearly specify to whom the data will be

transferred.

  Data users must provide a response channel – hotline, fax number, email account, online facility, address,

etc for the data subject to communicate his/her consent.

7/28/2019 Hong Kong: Amendments to Direct Marketing Privacy Ordinance Effective from April 1, 2013

http://slidepdf.com/reader/full/hong-kong-amendments-to-direct-marketing-privacy-ordinance-effective-from 2/2

What corporations should do? 

Corporates must review their Standard Personal Information Collection Statement (PICS) and other

relevant terms and conditions in order to comply with the new requirements.

They must consider whether the ‘Grandfathering Arrangement’ is applicable to the available personal

data being used for direct marketing or they need to obtain fresh consent from the data subjects.

Data users conducting cross-marketing must consider whether they need their data subjects’ consent. 

Must update the internal data policies and practices.

If you have any query with regard to recent developments on international data privacy compliance, email

media@nair-co.com

For more information about doing business overseas or to know more about our global tax

compliance please contact us 

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About Nair & Co.

Nair & Co. provides you with your one touch outsourced finance, HR, legal and global tax compliance department

for your international operations. If you are expanding abroad for the first time or increasing your global footprint,

our turnkey solutions help you do so with minimal risk, stress and cost. We support 4000+ client operations in over

56 countries and have core offices in U.K., India, China, U.S., Japan and Singapore. Nair & Co. was named among

the top 100 outsourcing services providers in the world by the International Association of Outsourcing

Professionals (IAOP). Learn more at www.nair-co.com 

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