New rules on direct marketing cause some confusion in Hong Kong

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Amendments to Hong Kong’s Personal Data (Privacy) Ordinance 2012, which came into effect on 1 April and contain new rules concerning consent for the use of personal data in direct marketing, have caused some initial confusion with businesses, a law firm said.

“The new law is clear that consent or an indication of no objection should be obtained from data subjects before their personal data are used for direct marketing,” Paul Haswell, a Hong Kong-based senior associate at Pinsent Masons, told China Business Law Journal.

Pinsent_Masons-Paul_Haswell
Paul Haswell

“But what about those data subjects in respect of whom businesses already possess personal data which is used for direct marketing?” In this case, “the way to respond to the law has caused the most confusion”.

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