Beverly Chandler, Opalesque London: A piece in Deacons’ December financial services newsletter lists five things fund promoters should know about "direct marketing" in Hong Kong. Deepak Mahtani and Elizabeth MacDonald from the firm explain that the provisions of the Personal Data (Privacy) (Amendment) Ordinance (PDPAO) relating to direct marketing are expected to come into effect in April 2013.
The pair answer five key questions for fund promoters.
I regularly contact my Hong Kong clients about fund products which may interest them. Is this direct marketing?
Yes, the law defines "direct marketing" very broadly.
How can I comply with the new requirements when direct marketing to Hong Kong clients for the first time?
Before using personal data for direct marketing purposes, you (the data user) must inform the client (the data subject) that the personal data may be used for direct marketing and obtain the client's prior informed consent or indication of no objection. You must provide the client with information about the personal data to be used (e.g. name, telephone); the class of products, facilities or services to be marketed; and a response channel whereby the client can provide consent. For existing clients, there are "grandfathering" provisions: see question 4.
Do I need to get the client's consent every time I wish to mar......................