Learn more about our comprehensive legal services.
Advising our clients on different opportunities and challenges of the industry.
Developing a unique culture, which blends traditional client care with modern technology and working practices since 1851.
Stay up to date on the latest news and legal insights.
News & Insights
The Personal Data (Privacy) (Amendment) Ordinance 2012 was formally adopted on 6 July 2012. The text of the Amendment Ordinance has undergone a number of changes since it was first introduced as the Personal Data (Privacy) (Amendment) Bill 2011 one year ago. One major change is the requirement to obtain express responses (as opposed to deemed consent) from the data subject for the use of personal data in direct marketing.
The Amendment Ordinance will take effect in two phases:
Phase 1 (from 1 October 2012)
Phase 2 (effective date to be announced)
About use of personal data in direct marketing
If you wish to collect personal data for use in your own direct marketing, you should at least take the following steps:
If at any time you receive a request from the data subject to cease using the personal data in direct marketing, you must comply with the request.
Non-compliance with the applicable requirements may result in a maximum penalty of a fine of HK$500,000 and 3 years’ imprisonment. There are some exemptions, including a grandfathering exemption that applies subject to a number of conditions being fulfilled.
Similar but slightly more stringent requirements apply if you wish to provide personal data (for gain or otherwise) to another party for use in direct marketing. If the personal data will be provided for gain, you must inform the data subject. Consent from the data subject must be received in writing. Failure to comply with the applicable requirements in providing personal data for gain may result in a maximum penalty of a fine of HK$1 million and 5 years’ imprisonment.
Several key steps to get prepared
Subscribe to Publications
Sign up for our regular updates covering the latest legal developments, regulations and case law.
For media enquiries please contact us at firstname.lastname@example.org.
Tel: +852 2825 9211
Click here to share this shortlist.
(It will expire after 30 days.)